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Nitin Kumar And Ors vs State Of Punjab And Anr on 29 May, 2018

CRM No.M-4309 of 2018
-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 4309 of 2018(OM)
Date of Decision: May 29 , 2018.

Nitin Kumar and others …… PETITIONER(s)

Versus

State of Punjab and others …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Rahul Rampal, Advocate
for the petitioners.

Ms. Ruchika Sabharwal, AAG, Punjab.

Mr. Rajesh Kumar, Advocate
for respondents No.2 and 3.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.18 dated 05.08.2017

under Sections 406/498A IPC, registered at Police Station NRI, District

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 respondent No.2

due to matrimonial discord of his daughter/respondent No.3 with her husband

i.e., petitioner No.1. With the intervention of respectables and relatives, a

compromise was arrived at between the parties, the terms of which were reduced

into writing on 03.01.2018 (Annexure P2). Petitioner No.1 and respondent No.3

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CRM No.M-4309 of 2018
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decided to part ways.

It is informed that petition under Section 13B of the Hindu Marriage

Act, 1955 has been filed by petitioner No.1 and respondent No.3. Their

statements at first motion in the said proceedings have been recorded. It is

submitted that the petitioners undertake to abide by the terms and conditions of

the settlement arrived at between the parties. It is thus prayed that this petition be

allowed.

This Court on 05.02.2018 directed the parties to appear before

learned trial court/Illaqa Magistrate for recording their statements in respect to

the above-mentioned compromise. Liberty was afforded to respondent No.3 to

have her statement recorded through her authorized power of attorney holder and

father, Mangal Singh (respondent No.2). Learned trial court/Illaqa Magistrate

was directed to submit a report regarding the genuineness of the compromise, as

to whether it has been arrived at out of the free will and volition of the parties

without any coercion, fear or undue influence. Learned trial court/Illaqa

Magistrate was also directed to intimate whether any of the petitioners are

absconding/proclaimed offenders and whether any other case is pending against

them. Information was sought as to whether all affected persons are a party to

the settlement.

Pursuant to order dated 05.02.2018, the parties appeared before the

learned Chief Judicial Magistrate, Ludhiana and their statements were recorded

on 28.02.2018. The complainant/respondent No.2 stated that he has compromised

the matter with all the accused persons out of his own free will and consent

without any kind of pressure or coercion. Copy of compromise dated 03.01.2018

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was tendered as Ex.C2. Respondent No.2 specifically stated that there is no

objection in case the abovesaid FIR against the accused petitioners is quashed.

Statements of the petitioners in respect to the settlement were recorded as well.

As per report dated 30.03.2018 received from the learned Chief

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

compromise arrived at between the parties is genuine and voluntary, arrived at

without any undue influence or coercion. None of the petitioners are reported to

be proclaimed offenders. Statements of the parties are appended alongwith the

said report.

Learned counsel for respondents No.2 and 3 reaffirms and verifies

the factum of settlement between the parties. It is reiterated that respondents

No.2 and 3 have no objection to the quashing of the abovementioned FIR against

the petitioners.

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”.

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CRM No.M-4309 of 2018
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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.18 dated 05.08.2017

under Sections 406/498A IPC, registered at Police Station NRI, District

Ludhiana alongwith all consequential proceedings are, hereby, quashed.

However, liberty is afforded to respondents No.2 3 to file

necessary application for revival of the proceedings in the above said FIR, in

case the terms and conditions of settlement between the parties are not adhered to

by the petitioners or it is found that the settlement was a mere ruse to have the

aforesaid FIR quashed.

( LISA GILL )
May 29 , 2018. JUDGE
‘om’

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

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