Criminal Misc. M- No. 14226 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. M- No. 14226 of 2017 (OM)
Date of decision : August 30, 2017
Gurdeep Singh …..Petitioner
State of Punjab and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Naveen Kumar, Advocate for
Mr. Krishan Singh Dadwal, Advocate
for the petitioner.
Mr. Devinder Bir Singh, DAG, Punjab.
Mr. Vishal Sharma, Advocate for
Mr. Vijay Lath, Advocate
for respondent No.2.
LISA GILL, J.
Prayer in this petition is for quashing of FIR No. 84 dated
28.12.2013 under Section 498A IPC registered at Police Station
Garhdiwala, District Hoshiarpur and all other consequential proceedings
arising therefrom on the basis of a compromise (Annexure P-4) arrived at
between the parties.
The abovesaid FIR was registered at the behest of respondent
No.2 due to matrimonial discord with her husband – petitioner. With the
intervention of respectables and relatives, a compromise has been arrived at
between the parties. The present petition has been filed on the basis of this
1 of 4
03-09-2017 07:36:37 :::
Criminal Misc. M- No. 14226 of 2017 (OM) 2
The exparte divorce obtained by respondent No. 2 on
16.08.2014 has been accepted by the petitioner. He has agreed not to contest
This Court on 03.08.2017 directed the parties to appear before
learned Illaqa Magistrate for recording their statements in respect to the
above-mentioned compromise. Learned 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 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 03.08.2017, the parties appeared before
the learned Judicial Magistrate First Class, Dasuya and their statements
were recorded on 16.08.2017. Respondent No.2 stated that the matter has
been compromised with the petitioner with the intervention of the
respectables of the village. Settlement, it is stated, has been arrived at out of
her own free will, without any coercion or undue influence. It is further
stated that two minor children born out of this wedlock would reside with
her. She has no objection to the quashing of the abovesaid FIR qua the
petitioner. It is mentioned by respondent No. 2 that all her dowry articles
have been received by her and now she has remarried on 05.05.2017.
Statements of the petitioner in respect to the compromise was also recorded.
As per report dated 21.08.2017 received from the learned
Judicial Magistrate First Class, Dasuya it is opined that the compromise
between the parties is genuine. The petitioner is not reported to be a
2 of 4
03-09-2017 07:36:38 :::
Criminal Misc. M- No. 14226 of 2017 (OM) 3
proclaimed offender. Statements of the parties are appended alongwith the
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
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
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. 84 dated 28.12.2013
3 of 4
03-09-2017 07:36:38 :::
Criminal Misc. M- No. 14226 of 2017 (OM) 4
under Section 498A IPC registered at Police Station Garhdiwala, District
Hoshiarpur alongwith all consequential proceedings are, hereby, quashed.
August 30, 2017 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
4 of 4
03-09-2017 07:36:38 :::