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Ashwani Kumar And Ors vs State Of Punjab And Anr on 15 December, 2017

CRM No.M-14705 of 2017
-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 14705 of 2017(OM)
Date of Decision: December 15 , 2017.

Ashwani Kumar and others …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. R.S.Thakur, Advocate
for the petitioners.

Mr. Rahul Rathore, DAG, Punjab.

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

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.76 dated

10.11.2014 under Sections 498A/406/323/506 IPC, registered at Police Station

Tibber, District Gurdaspur 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 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 07.03.2017

(Annexure P2). Petitioner No.1 and respondent No.2 decided to part ways.

It is submitted that petition under Section 13B of the Hindu

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CRM No.M-14705 of 2017
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Marriage Act, 1955 was filed by petitioner No.1 and respondent No.2. Learned

counsel for the petitioners informs that the said petition has been allowed on

20.09.2017. The articles/Istridhan have been handed back to respondent No.2

and nothing remains due towards her.

This Court on 22.09.2017 directed the parties to appear before

learned trial court for recording their statements in respect to the above-

mentioned compromise. Learned trial court 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 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 22.09.2017, the parties appeared before the

learned Additional Chief Judicial Magistrate, Gurdaspur and their statements

were recorded on 29.09.2017. Respondent No.2 stated that she has amicably

resolved the matter with all the accused-petitioners. The compromise, it is

stated, has been arrived at out of her own free will and consent, without any

pressure or coercion. Respondent No.2 further stated that she has 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.

As per report dated 07.10.2017 received from the learned Additional

Chief Judicial Magistrate, Gurdaspur, satisfaction has been expressed that the

compromise between the parties is genuine and voluntary, arrived at without any

undue influence, coercion or threat. None of the petitioners are reported to be

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CRM No.M-14705 of 2017
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proclaimed offenders. Statements of the parties are appended alongwith the said

report.

Mr. Jagatpal Singh Banwait, Advocate had appeared on behalf of

respondent No.2 before this Court on 22.09.2017. He affirmed and verified the

factum of settlement between the parties, pursuant to which the parties were

directed to appear before the learned trial court for recording their statements in

respect to the settlement.

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.

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This petition is, thus, allowed and FIR No. 76 dated 10.11.2014

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

District Gurdaspur 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 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 )
December 15 , 2017. JUDGE
‘om’

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

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