Criminal Misc. M- No. 36996 of 2016 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. M- No. 36996 of 2016 (OM)
Date of decision : August 25, 2017
Savinder Singh and others …..Petitioners
Versus
State of Punjab and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Vijay Rana, Advocate
for the petitioners.
Mr. Karanbir Singh, AAG, Punjab.
None for respondent No.2.
***
LISA GILL, J.
Prayer in this petition is for quashing of FIR No. 21 dated
29.06.2013 under Sections 406, 498A IPC registered at Police Station NRI
Jalandhar 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 has been
arrived at between the parties, the terms of which were reduced into writing
on 25.07.2016 (Annexure P-2). The parties wish to live in peace and
harmony and put an end to the acrimony between them. The present
petition has been filed on the basis of this compromise.
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It is informed that petition under Section 13B of Hindu
Marriage Act, 1955 has since been allowed.
This Court on 18.05.2017 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 18.05.2017, the parties appeared before
the learned Chief Judicial Magistrate (NRI cases), Jalandhar and their
statements were recorded on 02.06.2017. Respondent No.2 stated that the
matter has been amicably resolved with all the accused petitioners. The
compromise, it is stated, is arrived at out of her own free will, without any
kind of pressure. Respondent No. 2 further stated that she has no objection
to the quashing of the abovesaid FIR qua the petitioners. Statements of the
petitioners in respect to the compromise were also recorded.
As per report dated 05.06.2017 received from the learned Chief
Judicial Magistrate (NRI cases), Jalandhar, it is opined that the compromise
between the parties has been arrived at out of their own free will, without
any pressure. None of the accused persons are reported to be proclaimed
offender. Statements of the parties are appended alongwith the said report.
Ms. Rishma Verma, Advocate had appeared on behalf of
respondent No.2 on 18.05.2017. She had verified the factum of settlement
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between the parties, pursuant to which, the parties were directed to appear
before the learned trial Court for recording their statements. It is reiterated
by learned counsel for the petitioners that the entire settled amount has been
handed over to respondent No. 2 and pursuant thereto petition under Section
13B of Hindu Marriage Act, 1955 has since been allowed.
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 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. 21 dated
29.06.2013 under Sections 406, 498A IPC registered at Police Station NRI
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Jalandhar alongwith all consequential proceedings are, hereby, quashed.
(Lisa Gill)
August 25, 2017 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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