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Amritpal Singh And Ors vs State Of Punjab And Anr on 16 April, 2018

Criminal Misc. No.M- 37455 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 37455 of 2017 (OM)
Date of decision : April 16, 2018

Amritpal Singh and others …..Petitioners

Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Jaswinder Singh Grewal, Advocate
for the petitioners.

Mr. Sukhleen Singh, AAG, Punjab

Mr. Jagdeep Singh Bajwa, Advocate
for respondent No.2.

***

LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 67 dated

29.05.2016 under Sections 406/498A IPC registered at Police Station

Kurali, District SAS Nagar, Mohali and all other consequential proceedings

arising therefrom on the basis of compromise dated 09.01.2017 (Annexure

P-2) arrived at between the parties before the Mediation and Conciliation

Centre of this Court.

The abovesaid FIR was registered at the instance of respondent

No.2 due to matrimonial discord with her husband i.e., petitioner No.1.

Learned counsel for the petitioners and respondent No. 2

submit that petition under Section 13B of Hindu Marriage Act, 1955 has

been filed. Statements of the parties at first motion have been recorded. The

said matter is now listed for 23.08.2018 for recording of statements of the

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parties at second motion. A sum of `65,000/- remains due towards

respondent No. 2. Rest of the settled amount has been handed over to her.

The petitioners, it is submitted, undertake to hand over the remaining

amount of `65,000/- to respondent No. 2 at the time of recording of their

statements at second motion.

This Court on 15.01.2018 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 15.01.2018, the parties appeared before

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

recorded on 09.03.2018. 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 pressure, undue influence, coercion, inducement, threat or

promise. Respondent No.2 stated that she has no objection to the quashing

of the abovesaid FIR qua the petitioners. Statements of the petitioners in

respect to the compromise were also recorded.

As per report dated 09.03.2018 received from the learned

Judicial Magistrate First Class, Kharar satisfaction is expressed that the

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

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parties, without any coercion, undue influence 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 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

the petitioners subject to strict adherence to the terms and conditions of the

settlement by the petitioners.

Learned counsel for the State 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

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exercise in futility.

This petition is, thus, allowed and FIR No. 67 dated

29.05.2016 under Sections 406/498A IPC registered at Police Station

Kurali, District SAS Nagar, Mohali 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.

(Lisa Gill)
April 16, 2018 Judge
rts
Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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