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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Criminal Misc. No. M- 7678 of 2017(OM)
Date of Decision: July 3 , 2017.
Amrinder Singh and others …… PETITIONER(s)
State of Punjab and another …… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Pranav Chadha, Advocate
for the petitioners.
Ms. Monika Jalota, DAG, Punjab.
Mr. S.S.Kaushik, Advocate
for respondent No.2.
LISA GILL, J.
Prayer in this petition is for quashing of FIR No.240 dated
16.11.2012 under Section 498A IPC registered at Police Station Beas, District
Amritsar Rural and all other consequential proceedings arising therefrom on the
basis of compromise dated 16.01.2017 (Annexure P2) arrived at between the
The abovesaid FIR was registered at the behest of respondent No.2
due to matrimonial discord with her husband i.e., petitioner No.1. A settlement
between the parties was arrived at before the Mediation and Conciliation Centre
at Amritsar. The terms and conditions of the settlement were reduced into
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writing on 16.01.2017 (Annexure P2). The parties wish to live in peace and
harmony and put an end to the acrimony between them. The present petition has
been filed on the basis of this compromise.
This Court on 28.04.2017 directed the parties to appear before
learned trial court/Illaqa Magistrate for recording their statements in respect to
the above-mentioned compromise. Learned trial court/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 trial court/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
Pursuant to order dated 28.04.2017, the parties appeared before the
learned Sub Divisional Judicial Magistrate, Baba Bakala Sahib and their
statements were recorded on 16.05.2017. Respondent No.2 stated that the matter
has been amicably resolved with all the accused persons and she does not wish to
take any further action against any of the accused persons. It is further stated
that the settlement has been arrived at out of her own free will without any threat
or pressure. Petition under Section 125 Cr.P.C. filed by her has since been
withdrawn by her. Petition under Section 13B of the Hindu Marriage Act, 1955
is stated to be pending for recording the statements of the parties at second
motion. Respondent No.2 stated that she has no objection in case the abovesaid
FIR is quashed against all the accused persons. Statements of the petitioners
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were also recorded in respect to the settlement. The Investigating Officer of the
case has stated that none of the accused is a proclaimed offender.
As per report dated 09.06.2017 received from the learned Sub
Divisional Judicial Magistrate, Baba Bakala Sahib, the settlement between the
parties is opined to be genuine, voluntary and out of their free will without
pressure or coercion. Copies of the 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 against all the
petitioners subject to the petitioners adhering to the terms and conditions of the
settlement dated 16.01.2017, particularly, the payment of the second installment
of `9,00,000/- on 28.08.2017.
Learned counsel for the State, on instructions from ASI Kuljeet
Singh, 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
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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.240 dated 16.11.2012
under Section 498A IPC registered at Police Station Beas, District Amritsar
Rural alongwith all consequential proceedings are, hereby, quashed.
However, liberty is afforded to respondent No.2 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
petitioner(s) or it is found that the settlement was a mere ruse to have the
aforesaid FIR quashed. Respondent No.2 shall also be entitled to retain the first
installment received by her in terms of the settlement if the petitioners do not
carry out the remaining obligations.
( LISA GILL )
July 3 , 2017. JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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