CRM No.M-19649 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M- 19649 of 2017(OM)
Date of Decision: May 28 , 2018.
Ritesh Maheshwari and others …… PETITIONER(s)
Versus
State of Punjab and another …… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Ishan Gupta, Advocate
for the petitioners.
Ms. Ruchika Sabharwal, AAG, Punjab.
None for respondent No.2.
*****
LISA GILL, J.
Prayer in this petition is for quashing of FIR No.135 dated
08.09.2016 under Sections 323/341/506/34/406/498A IPC, registered at Police
Station Division No.6, 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 Aakash Monga,
a cousin brother of respondent No.2 due to the matrimonial dispute with her
husband i.e., petitioner No.1. It is submitted that the dispute between the parties
has been amicably resolved before the Mediation and Conciliation Centre of this
Court, the terms of which were reduced into writing on 03.05.2017 (Annexure
P1). Petitioner No.1 and respondent No.2 decided to part ways.
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Learned counsel for the petitioners submits that petition under
Section 173 Cr.P.C. of the Hindu Marriage Act, 1955 has been allowed on
20.11.2017. It is further submitted that the entire settled amount has since been
remitted to respondent No.2.
Copy of the judgment and decree dated 20.11.2017 passed by the
learned Additional District Judge, Ludhiana is attached with this file.
This Court on 30.05.2017 directed the parties to appear before
learned Illaqa Magistrate for recording their statements in respect to the above-
mentioned compromise. Learned Illaqa Magistrate was directed to submit a
report regarding the genuineness of the compromise, as to whether it has been
arrived at between the parties voluntarily without any coercion or undue
influence. Learned Illaqa Magistrate was also directed to intimate the number of
persons arrayed as accused and whether any of the petitioners are absconding/
proclaimed offenders.
Pursuant to order dated 30.05.2017, the petitioners and respondent
No.2 appeared before the learned Judicial Magistrate First Class, Ludhiana and
their statements were recorded on 07.07.2017. Statement of the complainant
Aakash Monga, in respect to the compromise was recorded on 18.07.2017. The
complainant as well as respondent No.2 in their separate statements stated that
the matter has been compromised with all the accused petitioners before the
Mediation and Conciliation Centre of this Court, out of their own free will
without any coercion or undue influence and have no objection in case the
abovesaid FIR against the accused petitioners is quashed. Joint statement of the
petitioners in respect to the settlement was recorded as well.
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As per report dated 27.07.2017 received from the learned Judicial
Magistrate First Class, Ludhiana, satisfaction is expressed that the compromise
between the parties is genuine, arrived at without any pressure. None of the
petitioners are reported to be proclaimed offenders. Statements of the parties are
appended alongwith the said report.
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.
This petition is, thus, allowed and FIR No.135 dated 08.09.2016
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under Sections 323/341/506/34/406/498A IPC, registered at Police Station
Division No.6, 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 any of
the facts as narrated above are not as per the record.
( LISA GILL )
May 28 , 2018. JUDGE
‘om’
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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