Criminal Misc. No.M- 23136 of 2016 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M- 23136 of 2016 (OM)
Date of decision : December 05, 2017
Guriqbal Singh and others …..Petitioners
Versus
State of Punjab and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Talwinder Singh, Advocate for
Ms. Rakhi Sharma, Advocate
for the petitioners.
Mr. Saurav Khurana, DAG, Punjab.
Mr. Kewal Krishan, Advocate
for respondent No.2.
***
LISA GILL, J.
Prayer in this petition is for quashing of FIR No. 139 dated
24.12.2014 under Sections 498A, 406, 323, 419, 420, 467, 468, 471 IPC
registered at Police Station Khilchian, District Amritsar (Rural) 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 has been
arrived at between the parties, the terms of which were reduced into writing
on 02.05.2016 (Annexure P-2). The present petition has been filed on the
basis of this compromise.
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It is submitted that divorce has since been granted to petitioner
No. 1 and respondent No. 2.
This Court on 10.01.2017 directed the parties to appear before
learned Illaqa/Area Magistrate for recording their statements in respect to
the above-mentioned compromise. Learned Illaqa/Area 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/Area
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 10.01.2017, the parties appeared before
the learned Sub Divisional Judicial Magistrate, Baba Bakala Sahib and their
statements were recorded on 20.01.2017. Respondent No.2 stated that the
matter has been amicably resolved by her with all the accused petitioners
out of her own free will, without any threat or pressure. Respondent No.2
further stated that she has no objection to the quashing of the abovesaid FIR
qua the petitioners as she did not wish to take further action. A joint
statement of the petitioners in respect to the compromise was also recorded.
Statement of ASI Sikander Lal, Police Station Khalchian was recorded to
the effect that none of the three accused persons are proclaimed offender.
As per report dated 25.01.2017 received from the learned Sub
Divisional Judicial Magistrate, Baba Bakala Sahib, it is opined that the
compromise between the parties is genuine, voluntary, arrived at out of their
own free will, without any pressure or coercion. None of the petitioners is
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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.
Learned counsel for the State, on instructions from ASI Jasbir
Singh, 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 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. 139 dated
24.12.2014 under Sections 498A, 406, 323, 419, 420, 467, 468, 471 IPC
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registered at Police Station Khilchian, District Amritsar (Rural) 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)
December 05, 2017 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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