Sunil Grover vs Ut Of Chandigarh & Anr on 3 April, 2017

CRM No.M-44362 of2016 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Crl. Misc. No. M- 44362 of 2016(OM)
Date of Decision: April 3 , 2017.

Sunil Grover …… PETITIONER(s)

Versus

Union Territory, Chandigarh and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Kuldip S.Chaudhary, Advocate
for the petitioner.

Ms. Ashima Mor, APP, U.T. Chandigarh.

Mr. Rajeev Gupta, Advocate
for respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.229 dated

01.05.2015 under Sections 498A/406 IPC registered at Police Station South

Sector 34, Chandigarh and all other consequential proceedings arising therefrom

on the basis of compromise dated 29.08.2016 (Annexure P2) arrived at between

the parties.

The abovesaid FIR was registered on a complaint submitted by

respondent No.2 on account of matrimonial discord with her husband i.e. the

petitioner. During the pendency of this matter before the learned trial court, a

compromise has been arrived at between the parties before the Mediation and

Conciliation Centre, District Courts at Chandigarh, the terms of which were

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CRM No.M-44362 of2016 2

reduced in writing on 29.08.2016. The parties wish to live in peace and

harmony and put an end to the acrimony between them. The present petition has

been filed on the basis of this compromise.

This Court on 13.12.2016 directed the parties to appear before

learned trial court/Illaqa Magistrate on 21.12.2016 for getting their statements

recorded in respect to the above-mentioned compromise. Learned trial court/

Illaqa Magistrate was directed to submit a report regarding the genuineness of

READ  Sri.G.C.Kallesh S/O. Sri. ... vs The State Of Karnataka on 15 March, 2017

the compromise and intimate whether any other case or PO proceedings are

pending against either of the parties.

Pursuant to order dated 13.12.2016, the parties appeared before the

learned Judicial Magistrate First Class, Chandigarh and a joint statement of the

complainant and the petitioner was recorded on 21.12.2016 to the effect that the

matter has been amicably resolved between them. It is further stated that the

settlement has been arrived at out of their free will, without any threat or

coercion. Respondent No.2 has stated that she has no objection to the quashing

of the abovesaid FIR qua the petitioner.

As per report dated 04.01.2017 received from the learned Judicial

Magistrate First Class, Chandigarh it is opined that that the compromise between

the parties is voluntary, without any pressure/coercion from any quarter. The

petitioner is not a proclaimed offender in this case. A photocopy of the joint

statement of the parties has been appended alongwith the said report.

Learned counsel for respondent No.2 reaffirms and verifies the

factum of settlement between the parties. It is reiterated that respondent No.2

has no objection to the quashing of the abovementioned FIR against all the

petitioners.

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CRM No.M-44362 of2016 3

Learned counsel for respondent – U.T. Chandigarh submits that as

the abovesaid FIR arises out of a matrimonial dispute, the State has no objection

to the quashing of this FIR 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

READ  Rajdip Kaur vs Sarmukh Singh on 27 April, 2017

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 only lead to

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

This petition is, thus, allowed and FIR No.229 dated 01.05.2015

under Sections 498A/406 IPC registered at Police Station South Sector 34,

Chandigarh alongwith all consequential proceedings are, hereby, quashed.

( LISA GILL )
April 3 , 2017. JUDGE
‘om’

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

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