CRM No.M-10280 of 2017 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M- 10280 of 2017(OM)
Date of Decision: September 21 , 2017.
Navdeep Singh and others …… PETITIONER(s)
Versus
State of Punjab and another …… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Piyush Sharma, Advocate
for the petitioners.
Mr. Karanbir Singh, AAG, Punjab.
Ms. Jasneet Mehra, Advocate
for the complainant/respondent No.2.
*****
LISA GILL, J.
Prayer in this petition is for quashing of FIR No.131 dated
26.09.2014 under Section 498A IPC registered at Police Station ‘B’ Division,
District Amritsar 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, the matter was amicably resolved
between the parties. Petitioner No.1 and respondent No.2 decided to part ways.
It is informed that petition under Section 13B of the Hindu Marriage Act, 1955
has been filed by them and their statements at first motion have been recorded in
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CRM No.M-10280 of 2017 [2]
the said petition. It is submitted that the entire agreed amount has been handed
over to the complainant/respondent No.2.
This Court on 19.07.2017 directed the parties to appear before
learned trial court for recording their statements 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 sought as to whether all affected persons
are a party to the settlement.
Pursuant to order dated 19.07.2017, the parties appeared before the
learned Judicial Magistrate First Class, Amritsar and their statements were
recorded on 31.07.2017. Respondent No.2 stated that she has compromised the
matter the with accused petitioners with the intervention of respectable persons.
The settlement, it is stated, has been effected without any undue influence,
pressure or coercion. Filing of the petition under Section 13B of the Hindu
Marriage Act, 1955 finds mention in the said statement. Respondent No.2
categorically stated that she has no objection in case the abovesaid FIR is
quashed against the accused petitioners. Statements of the petitioners in respect
to the settlement was recorded as well.
As per report dated 16.08.2017 received from the learned Judicial
Magistrate First Class, Amritsar, it is opined that the compromise between the
parties is genuine, arrived at between them voluntarily without any pressure,
duress, inducement or threat from any quarter. None of the petitioners are
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CRM No.M-10280 of 2017 [3]
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 submitted that nothing remains
due towards respondent No.2 as on date. 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 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”.
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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CRM No.M-10280 of 2017 [4]
This petition is, thus, allowed and FIR No. 131 dated 26.09.2014
under Section 498A IPC registered at Police Station ‘B’ Division, District
Amritsar alongwith all consequential proceedings are, hereby, quashed.
( LISA GILL )
September 21 , 2017. JUDGE
‘om’
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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