CRM No.M-41615-2017 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
259
Criminal Misc. No. M-41615-2017
Date of Decision: May 15, 2018.
SUDARSHAN SHARMA ANR. …… PETITIONERS
Versus
STATE OF HARYANA AND ANR …… RESPONDENTS
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. HPS Ghuman, Advocate for
Mr. K.S. Sidhu, Advocate,
for the petitioners.
Mr. Ashok S.Chaudhary, Addl.AG, Haryana.
Mr. Rajpreet Singh Sidhu, Advocate
for the complainant/respondent No.2.
*****
LISA GILL, J.
Prayer in this petition is for quashing of FIR No.31 dated 10.10.2015
under Sections 406, 498A, 506, 34 and 377 of Indian Penal Code (Section 377
IPC was added later deleted) registered at Police Station Women Police Station,
Faridabad, alongwith all consequential proceedings arising therefrom on the basis
of a compromise arrived at between the parties.
It is submitted that the abovesaid FIR was registered against the
petitioners at the instance of respondent No. 2 due to matrimonial discord with
her husband-petitioner No. 1.
Learned counsel for the petitioner and respondent No. 2/complainant
submit that petition under Section 13-B of the Hindu Marriage Act, 1955 filed by
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their respective clients has since been allowed. The entire settled amount has
been received by respondent No. 2/complainant. It is, thus prayed that the above
said FIR be quashed.
This Court on 03.11.2017 directed the parties to appear before
learned trial court/Illaqa Magistrate for recording their statements in respect to
the above-mentioned compromise. 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 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 03.11.2017, the parties appeared before the
learned Judicial Magistrate Ist Class, Faridabad and their statements were
recorded on 13.11.2017. Respondent No.2 stated that the matter has been
amicably resolved with the petitioners, out of her own free will without any
pressure or coercion. Respondent No.2 further stated that she has no objection in
case the abovesaid FIR against the petitioners is quashed. Joint statements of the
petitioners in respect to the settlement were recorded as well.
As per report dated 11.12.2017 received from the learned Judicial
Magistrate Ist Class, Faridabad, satisfaction is expressed that the compromise
between the parties is genuine and voluntary, arrived at without any fear,
coercion or undue influence. None of the petitioners are reported to be
proclaimed offender. Statements of the parties are appended alongwith the said
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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 in case the abovementioned FIR is quashed in view of the settlement
between the parties.
Learned counsel for the State, on instructions, 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.31 dated 10.10.2015
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under Sections 406, 498A, 506, 34 and 377 of Indian Penal Code (Section 377
IPC was added later deleted) registered at Police Station Women Police Station,
Faridabad, alongwith all consequential proceedings are, hereby, quashed.
(LISA GILL)
May 15, 2018 JUDGE
jyoti-3
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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