IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CRM No. M-33207 of 2016
Date of decision: 16.03.2017
State of Punjab and another
CORAM: HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Jasdeep Singh, Advocate, for the petitioner.
Mr. Arshdeep S. Kler, DAG, Punjab
None for respondent No.2.
LISA GILL, J.
This petition has been filed under Section 482 of the Code of
Criminal Procedure for quashing of FIR No. 204 dated 10.11.2015
(Annexure P-1) registered under Sections 498-A and 406 of the Indian
Penal Code (for short ‘IPC’) (Section 406 IPC added later) at Police Station
Phase 1, SAS Nagar, Mohali and all other consequential proceedings
arising therefrom on the basis of an amicable settlement arrived at between
The above said FIR was registered at the behest of respondent
No. 2-Smt. Vishakha Tyagi. The dispute arose between the parties because
of matrimonial discord between petitioner and respondent.
With the intervention of respectables, elders and relatives, the
matter has been amicably resolved between the parties. Petitioner and
respondent No. 2 have decided to part ways. It is submitted that a petition
under Section 13- B of the Hindu Marriage Act, 1955 filed by the petitioner
and respondent No.2 has since been allowed on 23.02.2017.
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This Court on 22.02.2017 directed the parties to appear before the
learned Illaqa/ Area Magistrate on 23.02.2017 for recording their statements in
respect to the above-mentioned compromise. Learned Illaqa/Area 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/Area
Magistrate was directed to intimate whether the petitioner is a proclaimed
offender and whether any other case is pending against him. Information was
sought as to whether all affected persons are party to the settlement.
Pursuant to order dated 22.02.2017, the parties appeared before the
learned Chief Judicial Magistrate, Mohali and their statements were recorded
on 23.02.2017. Respondent No.2-Smt. Vishakha Tyagi has stated that an
amicable settlement has been arrived at between the parties. The same is
voluntary, without any kind of threat, pressure or coercion. She has stated that
the petition under Section 13-B of the Hindu Marriage Act has been allowed
on 23.02.2017. Therefore, she has no objection to the quashing of the
aforementioned FIR against her husband i.e. the petitioner. Statement of the
petitioner was recorded as well.
As per report dated 04.03.2017 submitted by the learned Chief
Judicial Magistrate, Mohali, it is mentioned that the compromise arrived at
between the parties is genuine, voluntarily, without any coercion or undue
influence. The petitioner is not a proclaimed offender.
Respondent No. 2- Smt. Vishakha Tyagi, duly identified by ASI
Jaspal Singh, Police Station Phase I, SAS Nagar, Mohali, had appeared in
person before this Court on 22.02.2017. She had affirmed the factum of
settlement between the parties. It was stated by her that on receipt of the
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amount due towards her at the time of recording of her statement at second
motion in the petition under Section 13- B of the Hindu Marriage Act, she
would have no objection to the quashing of the above said FIR. As noted
above, her statement has been recorded by the learned Chief Judicial
Magistrate, Mohali on 23.02.2017 in this regard. It is thus apparent that the
terms and conditions of the settlement have been adhered to by the parties.
Learned counsel for the State on instructions from ASI Jaspal
Singh submits that the present being a matrimonial dispute, the State has no
objection to the quashing of this FIR on the basis of a settlement 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
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.
In view of the above, 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 only lead to wastage of precious time of the court
and would be an exercise in futility.
This petition is, thus, allowed and FIR No. No. 204 dated
10.11.2015 registered under Sections 498-A and 406 of the IPC at Police
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Station Phase 1, SAS Nagar, Mohali alongwith all consequential proceedings
arising therefrom are hereby quashed.
Whether speaking/reasoned : Yes/No.
Whether reportable : Yes/No.
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