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Sunny Piplani And Ors vs State Of Haryana And Anr on 24 April, 2018

Criminal Misc. No.M- 33675 of 2017 (OM) 1


Criminal Misc. No.M- 33675 of 2017 (OM)
Date of decision : April 24, 2018

Sunny Piplani and others …..Petitioners

State of Haryana and another ….Respondents


Present: Mr. Gaurav Saini, Advocate for the petitioners.

Mr. Ashok S. Chaudhry, Addl. AG, Haryana.

Mr. Mohit Kakkar, Advocate for respondent No.2.

Prayer in this petition is for quashing of FIR No. 102 dated

27.05.2017 under Sections 406, 498A, 323, 506 IPC registered at Police

Station Sector 14, Panchkula and all other consequential proceedings arising

therefrom on the basis of compromise dated 31.08.2017 (Annexure P-3)

arrived at between the parties.

The abovesaid FIR was registered at the instance of respondent

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

Learned counsel for the petitioners and respondent No.2 submit

that petition under Section 13B of Hindu Marriage Act, 1955 filed by

petitioner No.1 and respondent No.2 has since been allowed on 09.04.2018.

The entire settled amount has been received by respondent No.2.

Certified copy of judgment and decree dated 09.04.2018

furnished in Court today is taken on record subject to just exceptions.

This Court on 31.10.2017 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

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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 31.10.2017, the parties appeared before

the learned Judicial Magistrate First Class, Panchkula and their statements

were recorded on 15.11.2017. 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, coercion or undue influence. Respondent No.2

stated that 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 17.11.2017 received from the learned Civil

Judge (Jr. Division)-cum-Judicial Magistrate First Class, Panchkula

satisfaction is expressed that the compromise between the parties is genuine,

voluntary, arrived at out of free will of the parties and without any 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.

Learned counsel for the State, on instructions from ASI Balkar

Singh, submits that as the abovesaid FIR arises out of a matrimonial dispute,

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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. 102 dated

27.05.2017 under Sections 406, 498A, 323, 506 IPC registered at Police

Station Sector 14, Panchkula alongwith all consequential proceedings are,

hereby, quashed.

(Lisa Gill)
April 24, 2018 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No

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