CRM No.M-31686 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M- 31686 of 2017(OM)
Date of Decision: January 18 , 2018.
Balwinder Singh and others …… PETITIONER(s)
Versus
State of Punjab and others …… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Avtar Singh Khinda, Advocate
for the petitioners.
Ms. Monika Jalota, DAG, Punjab.
Mr. K.S.Sandhu, Advocate
for respondents No.2 and 3.
*****
LISA GILL, J.
Prayer in this petition is for quashing of FIR No.29 dated 18.05.2016
under Sections 498A/307/149/120B IPC, registered at Police Station Talwandi
Chaudharian, District Kapurthala and all other consequential proceedings arising
therefrom on the basis of a compromise arrived at between the parties.
Learned counsel submit that the abovesaid FIR was registered at the
instance of respondent No.2 due to matrimonial discord with her husband
petitioner No.1 as well as discord between respondent No.3 and her husband
Amrinder Singh (not a petitioner). It is submitted that respondent No.3 is the real
sister of respondent No.2. She is married to real brother of petitioner No.1.
Husband of respondent No.3, it is stated, was abroad. With the intervention of
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respectables and relatives, a compromise was arrived at between the parties, the
terms of which were reduced into writing on 12.10.2017 (Annexure P2). It is
informed that respondents No.2 and 3 are residing in peace and harmony with
their respective husbands at their matrimonial homes and they do not wish to
pursue the aforementioned FIR against the petitioners.
This Court on 04.10.2017 directed the parties to appear before
learned Illaqa Magistrate for recording their statements in respect to the above-
mentioned compromise. Learned 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 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 04.10.2017, the parties appeared before the
learned Sub Divisional Judicial Magistrate, Sultanpur Lodhi and their statements
were recorded on 31.10.2017. Respondents No.2 and 3 stated that the matter has
been amicably resolved with all the accused persons voluntarily without any
pressure, threat or coercion. It is further stated that they have 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 13.11.2017 received from the learned Sub
Divisional Judicial Magistrate, Sultanpur Lodhi, it is opined that compromise
between the parties is genuine and voluntary without any threat, pressure,
coercion or undue influence on any of the parties. None of the petitioners are
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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
all the petitioners.
Learned counsel for the State, on instructions from HC Sarabjit
Singh, 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.29 dated 18.05.2016
under Sections 498A/307/149/120B IPC, registered at Police Station Talwandi
Chaudharian, District Kapurthala alongwith all consequential proceedings are,
hereby, quashed qua the present petitioners.
However, liberty is afforded to respondents No.2 and 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 )
January 18 , 2018. JUDGE
‘om’
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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