CRM No.M-4309 of 2018
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M- 4309 of 2018(OM)
Date of Decision: May 29 , 2018.
Nitin Kumar and others …… PETITIONER(s)
Versus
State of Punjab and others …… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Rahul Rampal, Advocate
for the petitioners.
Ms. Ruchika Sabharwal, AAG, Punjab.
Mr. Rajesh Kumar, Advocate
for respondents No.2 and 3.
*****
LISA GILL, J.
Prayer in this petition is for quashing of FIR No.18 dated 05.08.2017
under Sections 406/498A IPC, registered at Police Station NRI, 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 of his daughter/respondent No.3 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 03.01.2018 (Annexure P2). Petitioner No.1 and respondent No.3
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decided to part ways.
It is informed that petition under Section 13B of the Hindu Marriage
Act, 1955 has been filed by petitioner No.1 and respondent No.3. Their
statements at first motion in the said proceedings have been recorded. It is
submitted that the petitioners undertake to abide by the terms and conditions of
the settlement arrived at between the parties. It is thus prayed that this petition be
allowed.
This Court on 05.02.2018 directed the parties to appear before
learned trial court/Illaqa Magistrate for recording their statements in respect to
the above-mentioned compromise. Liberty was afforded to respondent No.3 to
have her statement recorded through her authorized power of attorney holder and
father, Mangal Singh (respondent No.2). 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 05.02.2018, the parties appeared before the
learned Chief Judicial Magistrate, Ludhiana and their statements were recorded
on 28.02.2018. The complainant/respondent No.2 stated that he has compromised
the matter with all the accused persons out of his own free will and consent
without any kind of pressure or coercion. Copy of compromise dated 03.01.2018
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was tendered as Ex.C2. Respondent No.2 specifically stated that there is no
objection in case the abovesaid FIR against the accused petitioners is quashed.
Statements of the petitioners in respect to the settlement were recorded as well.
As per report dated 30.03.2018 received from the learned Chief
Judicial Magistrate First Class, Ludhiana, satisfaction is expressed that the
compromise arrived at between the parties is genuine and voluntary, arrived at
without any undue influence or coercion. None of the petitioners are reported to
be proclaimed offenders. Statements of the parties are appended alongwith the
said report.
Learned counsel for respondents No.2 and 3 reaffirms and verifies
the factum of settlement between the parties. It is reiterated that respondents
No.2 and 3 have no objection to the quashing of the abovementioned FIR against
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”.
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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.18 dated 05.08.2017
under Sections 406/498A IPC, registered at Police Station NRI, District
Ludhiana alongwith all consequential proceedings are, hereby, quashed.
However, liberty is afforded to respondents No.2 3 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 29 , 2018. JUDGE
‘om’
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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