Criminal Misc. M- No. 39278 of 2015 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. M- No. 39278 of 2015 (OM)
Date of decision : August 24, 2017
Atul Kansal and others …..Petitioners
State of Haryana and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Jagjot Singh, Advocate for the petitioners.
Mr. Sandeep Vashisht, DAG, Haryana.
Mr. Tanmoy Gupta, Advocate
for respondent No.2.
LISA GILL, J.
This petition was initially filed for quashing of FIR No. 179
dated 30.03.2009 under Sections 498A, 406 IPC registered at Police Station
Faridabad Central, Haryana and all other consequential proceedings arising
therefrom on the merits of the case. However, during the pendency of this
petition, the matter has been amicably resolved. This is so reflected in order
dated 02.02.2016 passed by this Court. It is informed by learned counsel for
the parties that thereafter petition under Section 13B of the Hindu Marriage
Act, 1955 filed by them has since been allowed.
This Court on 01.06.2017 directed the parties to appear before
learned Illaqa Magistrate/trial Court for recording their statements in respect
to the above-mentioned compromise. Learned Illaqa Magistrate/trial Court
was directed to submit a report regarding the genuineness of the
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Criminal Misc. M- No. 39278 of 2015 (OM) 2
compromise, as to whether it has been arrived at voluntarily, without any
coercion or undue influence. Learned Illaqa Magistrate/trial Court was also
directed to intimate whether any of the accused are proclaimed offenders.
Information was sought regarding number of persons arrayed as accused.
Pursuant to order dated 01.06.2017, the parties appeared before
the learned Judicial Magistrate First Class, Faridabad and their statements
were recorded on 17.07.2017. Respondent No.2 stated that settlement has
been arrived at out of her own free will, without any coercion,
misrepresentation or fraud. It is further stated by her that divorce by mutual
consent has been granted to her. It is categorically stated by respondent No.
2 that she has no objection to the quashing of the abovesaid FIR qua all the
accused petitioners. A joint statement of all the four petitioners in respect to
the compromise was also recorded.
As per report dated 18.07.2017 received from the learned Civil
Judge (Junior Division)-cum-Judicial Magistrate First Class, Faridabad, it is
opined that the compromise between the parties is genuine, voluntary,
arrived at out of their own free will and without any pressure. None of the
petitioners are 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
all 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
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Criminal Misc. M- No. 39278 of 2015 (OM) 3
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. 179 dated
30.03.2009 under Sections 498A, 406 IPC registered at Police Station
Faridabad Central, Haryana alongwith all consequential proceedings are,
August 24, 2017 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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