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Ajay Sanan vs State Of Punjab And Anr on 5 December, 2017

Criminal Misc. No.M- 19406 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 19406 of 2017 (OM)
Date of decision : December 05, 2017

Ajay Sanan …..Petitioner

Versus
State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. L.S. Lakhanpal, Advocate for the petitioner.

Mr. Saurav Khurana, DAG, Punjab.

Mr. Dhawaljeet Dutta, Advocate for respondent No.2.

***
LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 56 dated

27.10.2011 under Sections 406/498A IPC registered at Police Station

Women Cell, District Jalandhar 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 – petitioner. With the

intervention of respectables and relatives, a compromise has been arrived at

between the parties, the terms of which are reflected in the affidavit dated

20.04.2017 (Annexure P-2) executed by respondent No. 2.

Learned counsel for the petitioner as well as respondent No. 2

inform that petition under Section 13B of the Hindu Marriage Act, 1955

filed by the petitioner and respondent No. 2 has since been allowed. The

entire settled amount stands received by respondent No. 2, who has no

objection to the quashing of the aforementioned FIR.

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Criminal Misc. No.M- 19406 of 2017 (OM) 2

This Court on 26.05.2017 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 the petitioner is absconding/proclaimed offender and

whether any other case is pending against him. Information was sought as

to whether all affected persons are a party to the settlement.

Pursuant to order dated 26.05.2017, the parties appeared before

the learned Judicial Magistrate First Class, Jalandhar and their statements

were recorded on 01.07.2017. Respondent No.2 stated that she has

compromised the matter with the accused petitioner out of her own free will,

without any pressure, threat or coercion. She further stated that she has no

objection to the quashing of the abovesaid FIR qua the petitioner.

Statement of the petitioner in respect to the compromise was also recorded.

As per report dated 03.07.2017 received from the learned

Judicial Magistrate First Class, Jalandhar it is opined that compromise

effected between the parties is genuine, voluntary, arrived at out of free will

of the parties, without any pressure, coercion or undue influence. The

petitioner is not reported to be a proclaimed offender. Statements of the

parties are 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.

Learned counsel for the State, on instructions from ASI Ravi

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Criminal Misc. No.M- 19406 of 2017 (OM) 3

Kumar 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 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.

This petition is, thus, allowed and FIR No. 56 dated

27.10.2011 under Sections 406/498A IPC registered at Police Station

Women Cell, District Jalandhar alongwith all consequential proceedings

are, hereby, quashed.

(Lisa Gill)
December 05, 2017 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No

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