CRM No.M-36206 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M- 36206 of 2017(OM)
Date of Decision: April 16 , 2018.
Balwinder Singh @ Balwinder Singh Bajwa and others …… PETITIONER(s)
Versus
State of Punjab and another …… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Abhijit Agnihotri, Advocate for
Mr. Dheeraj Mahajan, Advocate
for the petitioners.
Mr. Sukhbir Singh, AAG, Punjab.
None for respondent No.2.
*****
LISA GILL, J.
Prayer in this petition is for quashing of FIR No.185 dated
21.12.2016 under Sections 498A/406 IPC, registered at Police Station Nangal,
District Rupnagar 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, the terms of which were reduced into writing on 14.09.2017
(Annexure P2). Petitioner No.1 and respondent No.2 decided to part ways.
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Learned counsel for the petitioners submits that petition under
Section 13B of the Hindu Marriage Act, 1955 filed by petitioner No.1 and
respondent No.2 has since been allowed on 30.03.2018. A total sum of
`8,00,000/- has been handed over to respondent No.2 as full and final settlement
of all her claims – past, present and future towards alimony, maintenance etc.
This Court on 13.12.2017 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 13.12.2017, the parties appeared before the
learned Sub Divisional Judicial Magistrate, Sri Anandpur Sahib and their
statements were recorded on 17.01.2018. Respondent No.2 stated that she has
compromised the matter with all the accused petitioners out of her own free will
without any undue influence or pressure from any quarter and she has no
objection in case the abovesaid FIR against all of them is quashed. Joint
statement of the petitioners in respect to the settlement was recorded as well.
As per report dated 20.01.2018 received from the learned Sub
Divisional Judicial Magistrate, Sri Anandpur Sahib, satisfaction is expressed that
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the compromise between the parties is genuine, arrived at voluntarily without any
undue influence, pressure or coercion from any quarter. None of the petitioners
are reported to be proclaimed offenders. Statements of the parties are appended
alongwith the said report.
Mr. Karan Grover, Advocate had appeared before this Court on
13.12.2017 on behalf of respondent No.2. He affirmed and verified the factum of
settlement between the parties, pursuant to which the parties were directed to
appear before the learned trial court/Area Magistrate for recording their
statements in respect to the compromise.
Learned counsel for the State, on instructions from ASI Sohan
Singh, 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.
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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.185 dated 21.12.2016
under Sections 498A/406 IPC, registered at Police Station Nangal, District
Rupnagar 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
petitioners or it is found that the settlement was a mere ruse to have the aforesaid
FIR quashed.
( LISA GILL )
April 16 , 2018. JUDGE
‘om’
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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