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Amit Kumar Shrivastava And Ors vs State Of Punjab And Anr on 10 May, 2018

Criminal Misc. No.M- 41489 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 41489 of 2017 (OM)
Date of decision : May 10, 2018

Amit Kumar Shirvastava and others …..Petitioners

Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Rakesh Gupta, Advocate
for the petitioners.

Ms. Ruchika Sabharwal, AAG, Punjab.

None for respondent No.2.

***

LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 5 dated

11.01.2017 under Sections 406, 498A IPC registered at Police Station

Women, District Patiala and all other consequential proceedings arising

therefrom on the basis of compromise dated 05.09.2017 (Annexure P-2)

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.

It is submitted that petitioner No. 1 has agreed to accept the

decree of divorce granted in favour of respondent No. 2. The entire settled

amount has since been handed over to respondent No. 2.

It is noticed that respondent No. 2 appeared before this Court

on 05.02.2018 and reiterated that she had received the entire amount of

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`6 lakhs as per the compromise and has no objection to the quashing of the

aforementioned FIR against the petitioners.

This Court on 05.02.2018 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 05.02.2018, the parties appeared before

the learned Judicial Magistrate First Class, Patiala and their statements were

recorded on 26.04.2018. Respondent No.2 stated that the matter has been

compromised by her with all the accused persons out of her own free will,

without any threat or coercion. Respondent No.2 stated that she has no

objection to the quashing of the abovesaid FIR qua the petitioners. Joint

statement of the petitioners in respect to the compromise was also recorded.

As per report dated 26.04.2018 received from the learned

Judicial Magistrate First Class, Patiala satisfaction is expressed that the

compromise between the parties is genuine, executed between the parties

out of their own free will and consent, without any threat or pressure. None

of the petitioners is reported to be a proclaimed offender. Statements of the

parties are appended alongwith the said report.

Learned counsel for the State submits that as the abovesaid FIR

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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. 5 dated 11.01.2017

under Sections 406, 498A IPC registered at Police Station Women, District

Patiala alongwith all consequential proceedings are, hereby, quashed.

(Lisa Gill)
May 10, 2018 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No

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