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Sukhdeep Singh And Others vs State Of Punjab And Others on 27 April, 2018

CRM No.M-6130 of 2018
-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 6130 of 2018(OM)
Date of Decision: April 27 , 2018.

Sukhdeep Singh and others …… PETITIONER(s)

Versus

State of Punjab and others …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. RVS Chugh, Advocate
for the petitioners.

Mr. D.S.Sukarcharkia, DAG, Punjab.

Ms. Harpreet Kaur Arora, Advocate
for respondents No.2 and 3.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.0057 dated

31.07.2017 under Sections 498A/406 IPC, Police Station Balongi, District SAS

Nagar (Mohali) 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 respondent No.3

due to matrimonial discord of his daughter i.e., respondent No.2 with her

husband, 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 03.02.2018 (Annexure P2). Petitioner No.1 and respondent No.2

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CRM No.M-6130 of 2018
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decided to part ways.

Learned counsel for the petitioners as well as respondents No.2 and

3 submit 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

motion have been recorded and part of the settled amount has been handed over

to respondent No.2. The petitioners undertake to hand over the rest of the settled

amount (total amount being `16,50,000/-) to respondent No.2 at the time of

recording of statements of the parties at second motion in the abovesaid

proceedings. The petitioners further undertake to abide by the terms and

conditions of the settlement arrived at between the parties.

This Court on 14.02.2018 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 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 14.02.2018, the parties appeared before the

learned Judicial Magistrate First Class, Kharar and their statements were

recorded on 09.04.2018. The complainant/respondent No.3 and his daughter,

respondent No.2 stated that the matter has been amicably resolved with all the

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accused petitioners out of their own free will without any kind of pressure or

coercion. It is stated that that they 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.

As per report dated 10.04.2018 received from the learned Judicial

Magistrate First Class, Kharar, satisfaction is expressed that the compromise

between the parties is genuine, arrived at out of their free will without any

coercion 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 respondents No.2 and 3 reaffirms and verifies

the factum of settlement between the parties. It is reiterated that respondents

No.2 and 3 have no objection to the quashing of the abovementioned FIR against

the petitioners subject to their strict adherence to the terms and conditions of the

settlement arrived at between the parties.

Learned counsel for the State, on instructions from ASI Ashok

Kumar, 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

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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.0057 dated 31.07.2017

under Sections 498A/406 IPC Police Station Balongi District SAS Nagar

(Mohali) alongwith all consequential proceedings are, hereby, quashed.

However, liberty is afforded to respondents No.2 and 3 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 )
April 27 , 2018. JUDGE
‘om’

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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