CRM No.M-14705 of 2017
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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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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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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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