CRM No.M-44362 of2016 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Crl. Misc. No. M- 44362 of 2016(OM)
Date of Decision: April 3 , 2017.
Sunil Grover …… PETITIONER(s)
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
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 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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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
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
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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
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 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
Chandigarh alongwith all consequential proceedings are, hereby, quashed.
( LISA GILL )
April 3 , 2017. JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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