Criminal Misc. No.M- 3774 of 2018 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M- 3774 of 2018 (OM)
Date of decision : April 24, 2018
Bhupinder Singh …..Petitioner
Versus
State of Punjab and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Ritesh Pandey, Advocate
for the petitioner.
Mr. D.S. Sukarchakia, DAG, Punjab.
Mr. Manoj Sharma, Advocate
for respondent No.2.
***
LISA GILL, J.
Prayer in this petition is for quashing of FIR No. 22 dated
13.02.2017 under Sections 406, 498A IPC registered at Police Station City
Gurdaspur, District Gurdaspur and all other consequential proceedings
arising therefrom on the basis of compromise dated 12.08.2017 (Annexure
P-2) arrived at between the parties.
The abovesaid FIR was registered at the instance of respondent
No.2 due to matrimonial discord with her husband – petitioner.
Learned counsel for the petitioner and respondent No. 2 submit
that petition under Section 13B of Hindu Marriage Act, 1955 filed by the
petitioner and respondent No. 2 has since been allowed on 12.03.2018. The
entire settled amount has been received by respondent No. 2.
This Court on 30.01.2018 directed the parties to appear before
learned trial court/Illaqa Magistrate for recording their statements in respect
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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
the petitioner is absconding/proclaimed offender and whether any other case
is pending against him. Information was sought as to whether all affected
persons are a party to the settlement.
Pursuant to order dated 30.01.2018, the parties appeared before
the learned Chief Judicial Magistrate, Gurdaspur and their statements were
recorded on 12.03.2018. Respondent No.2 stated that the matter has been
compromised by her with all the accused persons out of her own free will
and without any pressure. Respondent No.2 stated that she has no objection
to the quashing of the abovesaid FIR qua the petitioner. Statement of the
petitioner in respect to the compromise was also recorded.
As per report dated 22.03.2018 received from the learned Chief
Judicial Magistrate, Gurdaspur satisfaction is expressed that the
compromise between the parties is genuine, arrived at out of free will of the
parties. The petitioner is 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 submits that as the abovesaid FIR
arises out of a matrimonial dispute, the State has no objection to the
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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. 22 dated
13.02.2017 under Sections 406, 498A IPC registered at Police Station City
Gurdaspur, District Gurdaspur alongwith all consequential proceedings are,
hereby, quashed.
(Lisa Gill)
April 24, 2018 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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