CRM No.M-10995 of 2018
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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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(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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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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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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