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Hardeep Singh And Ors vs State Of Punjab And Anr on 29 January, 2018

CRM No.M-27921 of 2017
-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 27921 of 2017(OM)
Date of Decision: January 29 , 2018.

Hardeep Singh and others …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Lakhwinder Singh Mann, Advocate
for the petitioners.

Ms. Monika Jalota, DAG, Punjab.

None for respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.28 dated

30.04.2017 under Sections 498A/406 IPC, registered at Police Station Bassi

Pathana, District Fatehgarh Sahib 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. The matter

has been amicably settled between the parties before the Mediation and

Conciliation Centre of this Court, the terms of which were reduced into writing

on 18.07.2017 (Annexure P2).

It is informed that respondent No.2 and her husband, petitioner No.1

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CRM No.M-27921 of 2017
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have resumed matrimonial ties and they are living together in the matrimonial

home in peace and harmony. The petitioners undertake to abide by the terms and

conditions of the settlement and afford due care and affection to respondent No.2

in the matrimonial home.

This Court on 04.10.2017 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 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 04.10.2017, the parties appeared before the

learned Chief Judicial Magistrate, Fatehgarh Sahib and their statements were

recorded on 27.10.2017. Respondent No.2 stated that the matter has been

amicably resolved by her with all the accused petitioners and she is residing in

the matrimonial home in peace and harmony. Respondent No.2 stated that she

did not wish to pursue the matter any longer in view of the settlement arrived at

between the parties and has no objection in case the abovesaid FIR against the

accused petitioners is quashed. Joint statement of the petitioners in respect to the

settlement was recorded as well.

As per report dated 27.10.2017 received from the learned Chief

Judicial Magistrate, Fatehgarh Sahib, satisfaction is expressed that the

compromise between the parties is genuine and voluntary, arrived at without any

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coercion, duress or undue influence. None of the petitioners are reported to be

proclaimed offenders. Statements of the parties are appended alongwith the said

report.

Mr. Priyanshu Kamra, Advocate had appeared on behalf of

respondent No.2 before this Court on 04.10.2017 (wrongly recorded as Ms.

Simranjit Kaur) and affirmed the factum of settlement between the parties,

pursuant to which the parties were directed to appear before the learned Area

Magistrate to record their statements in respect to the compromise

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

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.

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

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wastage of precious time of the court and would be an exercise in futility.

This petition is, thus, allowed and FIR No.28 dated 30.04.2017

under Sections 498A/406 IPC, registered at Police Station Bassi Pathana, District

Fatehgarh Sahib 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 )
January 29 , 2018. JUDGE
‘om’

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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