CRM No.M-6130 of 2018
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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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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 to3 of 4
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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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