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Manav Vinayak And Ors vs State Of Punjab And Anr on 14 May, 2018

CRM No.M-10995 of 2018
-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 10995 of 2018(OM)
Date of Decision: May 14 , 2018.

Manav Vinayak and others …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. S.S.Rangi, Advocate
for the petitioners.

Ms. Ruchika Sabharwal, AAG, Punjab.

Mr. Yadvinder Pal, Advocate
for the complainant/respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.111 dated

29.07.2016, under Sections 498A/406/34 IPC, registered at Police Station

Machhiwara Sahib, Police District Khanna, District Ludhiana 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 was arrived at between

the parties, the terms of which were reduced into writing on 07.03.2018

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CRM No.M-10995 of 2018
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(Annexure P2). Petitioner No.1 and his wife, respondent No.2 decided to part

ways. Learned counsel for the petitioners and respondent No.2 inform that

petition under Section 13B of the Hindu Marriage Act, 1955 has been filed by

petitioner No.1 and respondent No.2. Statements of the parties at first motion, it

is submitted, have been recorded in the said proceedings and they undertake to

abide by the terms and conditions of the settlement. The petitioners, it is

submitted, undertake to hand over the balance of the settled amount to

respondent No.2 in terms of the compromise (Annexure P2).

This Court on 02.04.2018 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 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 02.04.2018, the parties appeared before the

learned Judicial Magistrate First Class, Samrala and their statements were

recorded on 20.04.2018. Respondent No.2 stated that she has voluntarily

compromised the matter with the accused petitioners out of her own free will

without any undue influence, coercion, inducement, threat or promise and has no

objection in case the abovesaid FIR against the accused petitioners is quashed. It

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CRM No.M-10995 of 2018
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is further stated that sum of `4,50,000/- was handed over to her and an FDR of

`4,50,000/- in favour of the minor son had been prepared. Remaining amount of

`5,00,000/- would be received by her as per the settlement. Joint statement of

the petitioners in respect to the settlement was recorded as well.

As per report dated 23.04.2018 received from the learned Judicial

Magistrate First Class, Samrala, satisfaction is expressed that the compromise

between the parties is genuine and valid arrived at without any threat or undue

influence. None of the petitioners are reported to be proclaimed offenders.

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 stated that respondent No.2 has no

objection to the quashing of the abovementioned FIR subject to the petitioners

strictly adhering to the terms and conditions of the settlement.

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”.

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CRM No.M-10995 of 2018
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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.111 dated 29.07.2016,

under Sections 498A/406/34 IPC, registered at Police Station Machhiwara Sahib,

Police District Khanna, District Ludhiana 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 )
May 14 , 2018. JUDGE
‘om’

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

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