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Ashootosh Kumar And Ors vs State Of Haryana And Anr on 10 May, 2018

Criminal Misc. No.M- 28109 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 28109 of 2017 (OM)
Date of decision : May 10, 2018

Ashootosh Kumar and others …..Petitioners

Versus

State of Haryana and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

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

Mr. Ashok S. Chaudhry, Addl. AG, Haryana.

Mr. Vinod Kumar Verma, Advocate for
Mr. Satyaveer Singh, Advocate
for respondent No. 2.

***
LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 101 dated

27.05.2015 under Sections 323, 406, 498A, 494, 506 IPC registered at

Police Station Sector 14, Panchkula and all other consequential proceedings

arising therefrom on the basis of compromise dated 14.07.2017 (Annexure

P-2) arrived at between the parties.

It is informed that petitioners No. 2 and 3 were declared

innocent during investigation and were not proceeded against.

Learned counsel for the State, on instructions from ASI

Harvinder Kumar, verifies the said fact. It is submitted that the petition is

rendered infructuous qua petitioners No. 2 and 3.

Ordered accordingly.

The petition survives qua petitioner No. 1 only.

The abovesaid FIR was registered at the instance of respondent

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

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Criminal Misc. No.M- 28109 of 2017 (OM) 2

It is informed that petition under Section 13B of Hindu

Marriage Act, 1955 filed by petitioner No. 1 and respondent No. 2 has

since been allowed. The entire settled amount has been received by

respondent No. 2. Respondent No. 2 does not wish to proceed any further.

This Court on 20.12.2017 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 the settlement.

Pursuant to order dated 20.12.2017, the parties appeared before

the learned Judicial Magistrate First Class, Panchkula and their statements

were recorded on 16.01.2018. Respondent No.2 stated that the matter has

been compromised with her husband out of her own free will, without any

kind of pressure or threat. She has received the entire settled amount.

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

abovesaid FIR qua petitioner No. 1. Statement of petitioner No. 1 in respect

to the compromise was also recorded.

As per report dated 20.01.2018 received from the learned

Judicial Magistrate First Class, Panchkula satisfaction is expressed that the

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

parties, without any pressure or coercion from any corner. The petitioner is

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Criminal Misc. No.M- 28109 of 2017 (OM) 3

not 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 petitioner.

Learned counsel for the State, on instructions from ASI

Harvinder Kumar 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

exercise in futility.

This petition is, thus, allowed and FIR No. 101 dated

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Criminal Misc. No.M- 28109 of 2017 (OM) 4

27.05.2015 under Sections 323, 406, 498A, 494, 506 IPC registered at

Police Station Sector 14, Panchkula 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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