Criminal Misc. No.M- 41489 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. No.M- 41489 of 2017 (OM)
Date of decision : May 10, 2018
Amit Kumar Shirvastava and others …..Petitioners
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
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
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.
May 10, 2018 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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