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Dinesh Singh Dhillon And Anr vs State Of Haryana & Anr on 23 February, 2018

Criminal Misc. No.M- 41257 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 41257 of 2017 (OM)
Date of decision : February 23, 2018

Dinesh Singh Dhillon and others …..Petitioners

Versus

State of Haryana and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Dharampal Gill, Advocate
for the petitioners.

Mr. Anmol Malik, AAG, Haryana.

Mr. N.S. Shekhawat, Advocate
for respondent No.2.

***
LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 0262

dated 10.12.2016 under Sections 323, 354, 506 IPC (Section 377 IPC

added later) registered at Women Police Station Gurgaon, District

Gurgaon and all other consequential proceedings arising therefrom on

the basis of a compromise arrived at between the parties before the

Mediation and Conciliation Centre of this Court on 04.05.2017

(Annexure P-2).

The abovesaid FIR was registered at the instance of

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

petitioner No.1. FIR No. 0547 dated 11.11.2016 under Sections 323,

498A, 506, 34 IPC registered at Police Station Badshahpur, District

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Gurgaon has been quashed by this Court vide separate order of even

date in CRM-M-41274-2017, on the basis of settlement arrived at

between the parties.

It is submitted that the matter was amicably resolved by the

parties before the Mediation and Conciliation Centre of this Court.

Pursuant thereto, petition under Section 13B of the Hindu Marriage Act

was filed. Statements of the parties at second motion have also been

recorded on 22.01.2018 and the matter is now listed for 12.03.2018.

This Court on 09.11.2017 directed the parties to appear

before learned Chief Judicial Magistrate, Gurgaon for recording their

statements in respect to the above-mentioned compromise. Learned

Chief Judicial Magistrate, Gurgaon 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 Chief Judicial Magistrate,

Gurgaon 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 09.11.2017 the parties appeared

before the learned Chief Judicial Magistrate, Gurgaon and their

statements were recorded on 18.12.2017. Respondent No.2 stated that

she has compromised the matter with all the petitioners with the

intervention of respectables, out of her own free will and without any

kind of pressure. She no longer wishes to pursue the matter and has no

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objection to the quashing of the abovesaid FIR qua all the petitioners.

A joint statement of all the three petitioners in respect to the

compromise was also recorded. Statement of LASI Reena Devi was

recorded as well.

As per report dated 08.01.2018 received from the learned

Chief Judicial Magistrate, Gurgaon satisfaction is expressed that the

compromise between the parties is genuine, arrived at voluntarily by

the parties, without any kind of pressure or coercion. None of the

petitioners is 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. Learned counsel for

respondent No. 2 further affirms that the entire settled amount in

respect to her alimony etc. has been received by respondent No. 2 and

she has no objection to the quashing of the abovementioned FIR

against the petitioners.

Learned counsel for the State, on instructions from SI

Sunita, 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

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Criminal Misc. No.M- 41257 of 2017 (OM) 4

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”.

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. 0262 dated

10.12.2016 under Sections 323, 354, 506 IPC (Section 377 IPC added

later) registered at Women Police Station Gurgaon, District Gurgaon

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 petitioner(s) or it is found that the settlement

was a mere ruse to have the aforesaid FIR quashed.

(Lisa Gill)
February 23, 2018 Judge
rts
Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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