SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Ritesh Maheshwari & Ors vs State Of Punjab And Anr on 28 May, 2018

CRM No.M-19649 of 2017
-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 19649 of 2017(OM)
Date of Decision: May 28 , 2018.

Ritesh Maheshwari and others …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Ishan Gupta, Advocate
for the petitioners.

Ms. Ruchika Sabharwal, AAG, Punjab.

None for respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.135 dated

08.09.2016 under Sections 323/341/506/34/406/498A IPC, registered at Police

Station Division No.6, Ludhiana and all other consequential proceedings arising

therefrom on the basis of a compromise arrived at between the parties.

The abovesaid FIR was registered at the instance of Aakash Monga,

a cousin brother of respondent No.2 due to the matrimonial dispute with her

husband i.e., petitioner No.1. It is submitted that the dispute between the parties

has been amicably resolved before the Mediation and Conciliation Centre of this

Court, the terms of which were reduced into writing on 03.05.2017 (Annexure

P1). Petitioner No.1 and respondent No.2 decided to part ways.

1 of 4
10-06-2018 22:21:30 :::
CRM No.M-19649 of 2017
-2-

Learned counsel for the petitioners submits that petition under

Section 173 Cr.P.C. of the Hindu Marriage Act, 1955 has been allowed on

20.11.2017. It is further submitted that the entire settled amount has since been

remitted to respondent No.2.

Copy of the judgment and decree dated 20.11.2017 passed by the

learned Additional District Judge, Ludhiana is attached with this file.

This Court on 30.05.2017 directed the parties to appear before

learned Illaqa Magistrate for recording their statements in respect to the above-

mentioned compromise. Learned Illaqa Magistrate was directed to submit a

report regarding the genuineness of the compromise, as to whether it has been

arrived at between the parties voluntarily without any coercion or undue

influence. Learned Illaqa Magistrate was also directed to intimate the number of

persons arrayed as accused and whether any of the petitioners are absconding/

proclaimed offenders.

Pursuant to order dated 30.05.2017, the petitioners and respondent

No.2 appeared before the learned Judicial Magistrate First Class, Ludhiana and

their statements were recorded on 07.07.2017. Statement of the complainant

Aakash Monga, in respect to the compromise was recorded on 18.07.2017. The

complainant as well as respondent No.2 in their separate statements stated that

the matter has been compromised with all the accused petitioners before the

Mediation and Conciliation Centre of this Court, out of their own free will

without any coercion or undue influence and have no objection in case the

abovesaid FIR against the accused petitioners is quashed. Joint statement of the

petitioners in respect to the settlement was recorded as well.

2 of 4
10-06-2018 22:21:30 :::
CRM No.M-19649 of 2017
-3-

As per report dated 27.07.2017 received from the learned Judicial

Magistrate First Class, Ludhiana, satisfaction is expressed that the compromise

between the parties is genuine, arrived at without any pressure. None of the

petitioners are reported to be proclaimed offenders. Statements of the parties are

appended alongwith the said report.

Learned counsel for the State submits that as the abovesaid FIR

arises out of a matrimonial dispute, the State has no objection to the quashing of

the FIR in question as well as all consequential proceedings on the basis of a

settlement arrived at between the parties.

In Kulwinder Singh and others versus State of Punjab and another

2007 (3) R.C.R. (Criminal) 1052, a five member Bench of this Court has

observed as under:-

“The compromise, in a modern society, is the sine qua non of
harmony and orderly behaviour. It is the soul of justice and if the
power under
Section 482 of the Criminal Procedure Code is used to
enhance such a compromise which, in turn, enhances the social
amity and reduces friction, then it truly is “finest hour of justice”.

The Hon’ble Supreme Court in B.S.Joshi and others v. State of

Haryana, 2003(4) SCC 675 has observed that it becomes the duty of the Court to

encourage genuine settlements of matrimonial disputes.

Keeping in view the facts and circumstances of this case, it would be

in the interest of justice to quash the abovesaid FIR as no useful purpose would

be served by continuance of the present proceedings. It will merely lead to

wastage of precious time of the court and would be an exercise in futility.

This petition is, thus, allowed and FIR No.135 dated 08.09.2016

3 of 4
10-06-2018 22:21:30 :::
CRM No.M-19649 of 2017
-4-

under Sections 323/341/506/34/406/498A IPC, registered at Police Station

Division No.6, Ludhiana alongwith all consequential proceedings are, hereby,

quashed.

However, liberty is afforded to respondent No.2 to file necessary

application for revival of the proceedings in the above said FIR, in case any of

the facts as narrated above are not as per the record.

( LISA GILL )
May 28 , 2018. JUDGE
‘om’

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

4 of 4
10-06-2018 22:21:30 :::

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please CLICK HERE to read Group Rules, If You agree then JOIN HERE

We handle Women centric biased laws like False 498A, Domestic Violence(DVACT), Divorce, Maintenance, Alimony, Child Custody, HMA24, 125 CrPc, 307, 313, 376, 377, 406, 420, 506, 509 etc

Web Design BangladeshWeb Design BangladeshMymensingh