CRM No.M-8299 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M- 8299 of 2017(OM)
Date of Decision: November 15 , 2017.
Swatanter Verma and another …… PETITIONER(s)
Versus
State of Punjab and another …… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Rajbir Singh, Advocate
for the petitioners.
Mr. Karanbir Singh, AAG, Punjab.
Mr. Jai Bhagwan, Advocate
for the complainant/respondent No.2.
*****
LISA GILL, J.
Prayer in this petition is for quashing of FIR No.16 dated
05.03.2016 under Sections 498A/406 IPC registered at Police Station City
Ahmedgarh, District Sangrur 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.2
due to matrimonial discord with her husband i.e., 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 20.12.2016
(Annexure P2). Petitioner No.1 and respondent No.2 decided to part ways.
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It is informed that petition under Section 13B of the Hindu Marriage
Act, 1955 filed by petitioner No.1 and respondent No.2 has since been allowed
on 05.08.2017. The entire settled amount has been handed over to respondent
No.2.
This Court on 23.05.2017 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 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 23.05.2017, the parties appeared before the
learned Judicial Magistrate First Class, Malerkotla and their statements were
recorded on 02.06.2017. Respondent No.2 stated that the matter has been
compromised by her with the accused petitioners out of her own free will
without any coercion or undue influence. It is submitted that she has no
objection in case the abovesaid FIR against the accused petitioners is quashed.
Photocopy of compromise dated 20.12.2016 was produced before the court as
Mark ‘A’. Joint statement of the petitioners in respect to the settlement was
recorded as well.
As per report dated 02.06.2017 received from the learned Judicial
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Magistrate First Class, Malerkotla, it is opined that compromise between the
parties is genuine and voluntary, arrived at between them without any coercion
or undue influence. None of the petitioners are reported to be proclaimed
offenders. 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 further verified that petition under
Section 13B of the Hindu Marriage Act, 1955 filed by petitioner No.1 and
respondent No.2 has been allowed and the entire settled amount has been
received by respondent No.2. 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 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
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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.16 dated 05.03.2016
under Sections 498A/406 IPC registered at Police Station City Ahmedgarh,
District Sangrur alongwith all consequential proceedings are, hereby, quashed.
( LISA GILL )
November 15 , 2017. JUDGE
‘om’
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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