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Sohan Singh & Ors vs State Of Punjab And Anr on 12 March, 2018

Criminal Misc. No.M- 20767 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 20767 of 2017 (OM)
Date of decision : March 12, 2018

Sohan Singh and others …..Petitioners

Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Vishal Goel, Advocate
for the petitioners.

Mr. Sukhleen Singh, AAG, Punjab

Mr. Parveen Sharma, Advocate for
Mr. M.S. Punia, Advocate
for respondent No.2.

***

LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 38 dated

06.06.2013 under Sections 406, 498A IPC registered at Police Station

Women, District Patiala and all other consequential proceedings arising

therefrom on the basis of a compromise arrived at between the parties.

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The abovesaid FIR was registered at the instance of respondent

No.2 due to matrimonial discord with her husband i.e., petitioner No.1.

It is submitted that respondent No. 2 and petitioner No. 1 have

resumed matrimonial ties and both of them are living together in the

matrimonial home in peace and harmony alongwith their minor children. It

is submitted that respondent No. 2 has no objection to the quashing of the

above mentioned FIR against all the petitioners. The present petition has

been filed on the basis of this compromise.

This Court on 02.06.2017 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 voluntarily, without any coercion or undue influence. Learned

trial Court was also directed to intimate whether any of the accused are

proclaimed offenders. Information was sought regarding number of persons

arrayed as accused.

Pursuant to order dated 02.06.2017, the parties appeared before

the learned Judicial Magistrate First Class, Patiala and their statements were

recorded on 10.07.2017. Respondent No.2 stated that the matter has been

compromised by her with all the accused persons out of her own free

will, without any pressure or coercion. Respondent No.2 further stated

that she is residing in her matrimonial home peacefully alongwith her

husband and children and she has no objection to the quashing of the

abovesaid FIR qua the petitioners. Joint statement of the petitioners in

respect to the compromise was also recorded.

As per report dated 20.07.2017 received from the learned

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Judicial Magistrate First Class, Patiala satisfaction is expressed that the

compromise between the parties is genuine, executed between the parties

out of their own free will and consent, without any threat or pressure.

None of the petitioners is reported to be a proclaimed offender. 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

the petitioners in view of the resumption of matrimonial ties.

Learned counsel for the State, on instructions from ASI Gurjit

Singh, 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. It is verified that petitioner No. 1

and respondent No. 2 are living together in the matrimonial home alongwith

their minor children.

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

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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. 38 dated 06.06.2013

under Sections 406, 498A IPC registered at Police Station Women, District

Patiala 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 petitioner(s) or it is found that the settlement was a mere

ruse to have the aforesaid FIR quashed.

(Lisa Gill)
March 12, 2018 Judge
rts
Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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