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Balwinder Singh And Ors vs State Of Punjab And Ors on 18 January, 2018

CRM No.M-31686 of 2017
-1-

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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CRM No.M-31686 of 2017
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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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CRM No.M-31686 of 2017
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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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CRM No.M-31686 of 2017
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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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