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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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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