Criminal Misc. No.M- 47713 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M- 47713 of 2017 (OM)
Date of decision : March 26, 2018
Harvinderjit Singh alias Harwinderjit Singh …..Petitioner
Versus
State of Punjab and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Dhirinder Chopra, Advocate
for the petitioner.
Mr. Sukhleen Singh, AAG, Punjab
Mr. B.S. Saini, Advocate
for respondent No.2.
***
LISA GILL, J.
CRM No. 9078 of 2018
Prayer in the application is for placing on record decree of
divorce dated 18.02.2008 as Annexure P-7. Same is taken on record subject
to just exceptions. Filing of certified copy of Annexure P-7 is exempted.
Application is disposed of.
CRM-M- 47713 of 2017
Prayer in this petition is for quashing of FIR No. 7 dated
17.01.2010 under Sections 420, 406, 498A, 467, 472, 494, 120B IPC
registered at Police Station Moga City, Moga and all other consequential
proceedings arising therefrom on the basis of a compromise arrived at
between the parties.
It is submitted that divorce was granted to the parties on
18.02.2008 (Annexure P-7). Thereafter, the present FIR was registered on
1 of 4
15-04-2018 11:57:15 :::
Criminal Misc. No.M- 47713 of 2017 (OM) 2
17.01.2010. The parties, however, amicably resolved the dispute with the
intervention of respectables and Panchayat. The terms and conditions of the
settlement were reduced into writing on 08.11.2017 (Annexure P-2).
This Court on 15.12.2017 and 09.02.2018 directed the parties
to appear before learned trial court/Illaqa Magistrate for recording their
statements in respect to the above-mentioned compromise. Learned trial
court/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 trial court/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 15.12.2017 and 09.02.2018, the parties
appeared before the learned Judicial Magistrate First Class, Moga and their
statements were recorded on 05.03.2018. Liberty was afforded to the
complainant – respondent No. 2 to appear through her special power of
attorney holder – Bhupinder Singh Shekon. Sh. Bhupinder Singh Shekon is
the paternal uncle (fufad) of the complainant, who is stated to have arranged
her wedding as per the averments in the FIR. He is the husband of the
complainant’s paternal aunt (bua). Sh. Bhupinder Singh Shekon – special
power of attorney holder of the complainant – respondent No.2 stated that he
is the special power of attorney holder of respondent No. 2. The matter has
been amicably resolved by respondent No. 2 with the petitioners out of her
free will, without any threat, pressure or coercion. It is stated that
respondent No. 2 has no objection to the quashing of the abovesaid FIR qua
2 of 4
15-04-2018 11:57:16 :::
Criminal Misc. No.M- 47713 of 2017 (OM) 3
the petitioner. Statement of the petitioner in respect to the compromise was
also recorded.
As per report dated 05.03.2018 received from the learned
Judicial Magistrate First Class, Moga, satisfaction is expressed that the
compromise between the parties is genuine, arrived at out of free will of the
parties, without any pressure, coercion or undue influence. The petitioner is
not reported to be a proclaimed offender. Statements of the parties are
appended alongwith the said report.
Learned counsel for respondent No. 2 affirms and verifies the
factum of settlement between the parties. It is submitted that respondent
No. 2 undertakes to be bound by all the acts and statements made on her
behalf by her authorised power of attorney holder – Sh. Bhupinder Singh
Shekon, who is also her uncle. It is informed that respondent No. 2 is
presently in Swedan. Learned counsel points out that respondent No. 2 has
duly signed the compromise dated 08.11.2017 (Annexure P-2). She has also
executed an affidavit dated 08.11.2017, a photocopy/translation of which is
annexed as Annexure P-3. Photocopy of the entries in her passport reveal
that respondent No. 2 was in India on the said date after her arrival on
12.10.2017. It is further submitted that respondent No. 2 has no objection
to the quashing of the aforementioned FIR against the petitioner.
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
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:-
3 of 4
15-04-2018 11:57:16 :::
Criminal Misc. No.M- 47713 of 2017 (OM) 4“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. 7 dated 17.01.2010
under Sections 420, 406, 498A, 467, 472, 494, 120B IPC registered at
Police Station Moga City, Moga alongwith all consequential proceedings
are, hereby, quashed.
(Lisa Gill)
March 26, 2018 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
4 of 4
15-04-2018 11:57:16 :::
