CRM No.M-18282 of 2017 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M- 18282 of 2017(OM)
Date of Decision: September 14 , 2017.
Parminder Singh and another …… PETITIONER(s)
Versus
State of Punjab and another …… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Prashant Bansal, Advocate
for the petitioners.
Mr. Karanbir Singh, AAG, Punjab.
Mr. Sumit Dua, Advocate
for the complainant/respondent No.2.
*****
LISA GILL, J.
Prayer in this petition is for quashing of FIR No.241 dated
24.07.2014 under Sections 406/498A IPC, registered at Police Station Zirakpur,
District SAS Nagar 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 behest 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 06.05.2017. It is
informed that petition under Section 13B of the Hindu Marriage Act, 1955 has
been filed by petitioner No.1 and respondent No.2. Their statements at first
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motion have been recorded and the said petition, it is submitted, is now listed in
the month of December 2017 for recording statements of the parties at second
motion. It is further submitted that part of the settled amount was handed over to
respondent No.2 at the time of recording the statements of the parties at first
motion. Balance of the settled amount was remitted at the time of recording of
the statements of the parties in the present case. Thus the entire settled amount
has been handed over to respondent No.2 and nothing remains due.
This Court on 18.07.2017 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 kind of coercion, fear
or undue influence. Learned trial 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 18.07.2017, the parties appeared before the
learned Judicial Magistrate First Class, Dera Bassi and their statements were
recorded on 29.07.2017. Respondent No.2 stated that she has amicably settled
the dispute with the petitioners out of her own free will, without any pressure,
undue influence, coercion, inducement, threat or promise from any quarter. It is
stated that the balance amount of `85,000/- was received by her on 29.07.2017
and nothing was due towards her. It is further stated that she has no objection in
case the abovesaid FIR is quashed against both the accused petitioners. Joint
statement of the petitioners in respect to the settlement was recorded as well.
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CRM No.M-18282 of 2017 [3]
As per report dated 29.07.2017 received from the learned Judicial
Magistrate First Class, Dera Bassi, the settlement between the parties is opined
to be valid and genuine, arrived at between them voluntarily without any kind of
coercion, undue influence or pressure. 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 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
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
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CRM No.M-18282 of 2017 [4]
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.241 dated 24.07.2014
under Sections 406/498A IPC, registered at Police Station Zirakpur, District SAS
Nagar 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 )
September 14 , 2017. JUDGE
‘om’
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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