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Hardev Singh And Another vs State Of Punjab And Another on 19 April, 2017

CRM No.M-4715 of 2017 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Crl. Misc. No. M- 4715 of 2017(OM)
Date of Decision: April 19 , 2017.

Hardev Singh and another …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Jatinder Singh Gill, Advocate
for the petitioners.

Mr. Rajpreet Singh Sidhu, AAG, Punjab.

Mr. Sumit Singh Bairagi, Advocate for
Mr. Vinay Kumar Malhotra, Advocate
for respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.369 dated

29.09.2014 under Sections 498A/406/376A IPC (the offence punishable Section

376A IPC is mentioned in the FIR but charge has been framed under Section

376B IPC) registered at Police Station Sadar City Tarn Taran, District Tarn

Taran 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 behest of respondent No.2

on account of matrimonial discord with her husband, who has unfortunately

passed away. Petitioners are the parents-in-law of respondent No.2.

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CRM No.M-4715 of 2017 2

With the intervention of respectables and relatives, a compromise

has been arrived at between the parties, the terms of which were reduced in

writing on 01.02.2017. The parties wish to live in peace and harmony and put

an end to the acrimony between them. The present petition has been filed on

the basis of this compromise.

This Court on 03.03.2017 directed the parties to appear before the

learned trial court on 29.03.2017 for getting their statements recorded in respect

to the above-mentioned compromise. Learned trial court 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 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 also sought as to

whether all affected persons are a party to the settlement.

Pursuant to order dated 03.03.2017, the parties appeared before the

learned Additional Sessions Judge, Tarn Taran and their statements were

recorded on 29.03.2017. Respondent No.2 has stated that the matter has been

amicably resolved with the accused-petitioners. The settlement has been

arrived at out of her own free will without any pressure, coercion or threat. It is

stated that petitioner No.1 has transferred two acres of land in favour of her

minor daughter Harmanat Kaur. Respondent No.2 stated that she would not

claim any maintenance from the petitioners after transfer of the land in

favour of her daughter. Petitioners would be at liberty to meet the child as and

when they desired. Statement of Dalbir Kaur wife of late Ajit Singh (mother of

the complainant/respondent No.2) was also recorded in respect to the settlement

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CRM No.M-4715 of 2017 3

between the parties. Both respondent No.2 and her mother stated that there is

no objection to the quashing of the abovesaid FIR qua the petitioners.

Statement of the petitioners in respect to the settlement was also recorded.

As per report dated 29.03.2017 received from the learned

Additional Sessions Judge, Tarn Taran, it is opined that the settlement between

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

kind of pressure. The statements of the parties have been 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 all the

petitioners.

Learned counsel for the State, on instructions from HC Baldeep

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. It is further stated that none of the petitioners are

proclaimed offenders neither any such proceedings are pending against them.

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

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CRM No.M-4715 of 2017 4

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 only lead to

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

This petition is, thus, allowed and FIR No.369 dated 29.09.2014

under Sections 498A/406/376A IPC (the offence punishable Section 376A IPC

is mentioned in the FIR but charge has been framed under Section 376B IPC)

registered at Police Station Sadar City Tarn Taran, District Tarn Taran

alongwith all consequential proceedings are, hereby, quashed.

( LISA GILL )
April 19 , 2017. JUDGE
‘om’

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

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