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Jaspal Singh And Ors vs State Of Punjab And Anr on 10 November, 2017

Criminal Misc. No.M- 10918 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 10918 of 2017 (OM)
Date of decision : November 10, 2017

Jaspal Singh and others …..Petitioners

Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Talwinder Singh, Advocate
for the petitioners.

Mr. Karanbir Singh, AAG, Punjab.

Mr. Charanjit Singh, Advocate for
Mr. Varun Garg, Advocate
for respondent No.2.

***
LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 110 dated

08.06.2016 under Sections 498A, 406 IPC registered at Police Station City

Kharar, District SAS Nagar and all other consequential proceedings arising

therefrom on the basis of a compromise arrived at between the parties

before the Mediation and Conciliation Centre of this Court on 03.03.2017

(Annexure P-2).

The abovesaid FIR was registered at the instance of respondent

No.2 due to matrimonial discord with her husband i.e., petitioner

No.1. Compromise has been arrived at between the parties before the

Mediation and Conciliation Centre of this Court, the terms of which were

reduced into writing on 03.03.2017 (Annexure P-2). The present petition

has been filed on the basis of this compromise.

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Criminal Misc. No.M- 10918 of 2017 (OM) 2

Learned counsel for the petitioners submits that petition under

Section 13B of Hindu Marriage Act, 1955 filed by petitioner No. 1 and

respondent No. 2 has since been allowed on 25.09.2017.

This Court on 14.09.2017 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

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 14.09.2017, the parties appeared before

the learned Sub Divisional Judicial Magistrate, Kharar and their statements

were recorded on 28.09.2017. Respondent No.2 stated that she has

compromised the matter out of her own free will and volition, without any

coercion, inducement, threat or pressure with all the accused petitioners

before the Mediation and Conciliation Centre of this Court. Respondent

No.2 further stated that she has no objection to the quashing of the

abovesaid FIR and all consequential proceedings qua the petitioners.

Statements of the petitioners in respect to the compromise were also

recorded.

As per report dated 21.10.2017 received from the learned

Sub Divisional Judicial Magistrate, Kharar it is opined that the compromise

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Criminal Misc. No.M- 10918 of 2017 (OM) 3

between the parties is genuine, arrived at out of free will of the parties,

without any threat, coercion or undue influence. None of the petitioners is

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 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.

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Criminal Misc. No.M- 10918 of 2017 (OM) 4

This petition is, thus, allowed and FIR No. 110 dated

08.06.2016 under Sections 498A, 406 IPC registered at Police Station City

Kharar, District SAS Nagar alongwith all consequential proceedings are,

hereby, quashed.

(Lisa Gill)
November 10, 2017 Judge
rts
Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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