CRM No.M-27571 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M- 27571 of 2017(OM)
Date of Decision: October 10 , 2017.
Avtar Singh and others …… PETITIONER(s)
Versus
State of Haryana and another …… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Sanjay Verma, Advocate
for the petitioners.
Mr. Ramesh Kumar Ambavta, AAG, Haryana.
Mr. Rohit Chaudhary, Advocate
for the complainant/respondent No.2.
*****
LISA GILL, J.
Prayer in this petition is for quashing of FIR No.46 dated 12.02.2015
under Sections 406/498A IPC registered at Police Station Baldev Nagar, District
Ambala and all other consequential proceedings arising therefrom on the basis of
a compromise arrived at between the parties.
The abovesaid FIR was registered at the instance of respondent No.2
due to matrimonial discord with her husband i.e., petitioner No.1. With the
intervention of respectables and relatives, a compromise was arrived at between
the parties. Petitioner No.1 and respondent No.2 decided to part ways.
It is informed that petition under Section 13B of the Hindu Marriage
Act, 1955 (for short, the ‘HMA’) filed by respondent No.2 and petitioner No.1 has
since been allowed. The entire settled amount has been handed over to
respondent No.2.
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CRM No.M-27571 of 2017
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This Court on 01.08.2017 directed the parties to appear before
learned trial court for recording their statements in respect to the above-
mentioned compromise. Learned trial court was directed to submit a report
regarding the genuineness of the compromise, as to whether it has been arrived at
voluntarily, without any threat or coercion. Learned trial court was also directed
to intimate whether any of the petitioners are proclaimed offenders.
Pursuant to order dated 01.08.2017, the parties appeared before the
learned Judicial Magistrate First Class, Ambala and their statements were
recorded on 11.08.2017. Respondent No.2 stated that the matter has been
amicably resolved by her with the accused petitioner. The settlement, it is stated,
has been arrived at out of her own free will, without any pressure, allurement or
undue influence. Petition under Section 13B of the HMA, it is mentioned, has
been filed and their statements in the said proceedings have been recorded.
Respondent No.2 further stated that she has no objection in case the abovesaid
FIR is quashed against the accused petitioners. Joint statement of the petitioners
in respect to the settlement was recorded as well.
As per report dated 11.08.2017 received from the learned Judicial
Magistrate First Class, Ambala, it is opined that settlement between the parties is
genuine, arrived at voluntarily without any threat or coercion. None of the
petitioners are reported to be proclaimed offenders. 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.
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CRM No.M-27571 of 2017
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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
the FIR in question as well as all consequential proceedings 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..46 dated 12.02.2015
under Sections 406/498A IPC registered at Police Station Baldev Nagar, District
Ambala alongwith all consequential proceedings are, hereby, quashed.
( LISA GILL )
October 10 , 2017. JUDGE
‘om’
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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