CRM No.M-6705 of 2018
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M- 6705 of 2018(OM)
Date of Decision: April 27 , 2018.
Yadwinder Singh and others …… PETITIONER(s)
Versus
State of Punjab and another …… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Bikramjit Singh Bajwa, Advocate
for the petitioners.
Mr. Davinder Bir Singh, DAG, Punjab.
Mr. R.K.Choudhary, Advocate
for the complainant/respondent No.2.
*****
LISA GILL, J.
Prayer in this petition is for quashing of FIR No.163 dated
29.11.2014 under Sections 498A/406 IPC, registered at Police Station Ghuman,
Police District Batala, District Gurdaspur 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.3. With the
intervention of respectables and relatives, a compromise was arrived at between
the parties, the terms of which were reduced into writing on 07.02.2018
(Annexure P2). Petitioner No.3 and respondent No.2 decided to part ways.
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Learned counsel for the petitioners and respondent No.2 inform that
petition under Section 13B of the Hindu Marriage Act, 1955 has been filed by
petitioner No.3 and respondent No.2. Their statements at first motion have been
recorded and the entire settled amount has since been remitted to respondent
No.2. The petitioners, it is submitted, undertake to abide by all the terms and
conditions of the settlement arrived at between the parties.
This Court on 19.02.2018 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 19.02.2018, the parties appeared before the
learned Judicial Magistrate First Class, Batala and their statements were recorded
on 08.03.2018. Respondent No.2 stated that she has compromised the matter
with all the accused petitioners out of her own free will without any kind of
pressure, force, threat, coercion or undue influence from any quarter and has no
objection in case the abovesaid FIR is quashed against all the accused petitioners,
three of whom were proceeded against initially and two of them were summoned
under Section 319 Cr.P.C. Statements of the petitioners in respect to the
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settlement were recorded as well. Statement of ASI Daljeet Singh, Police Station
Ghuman was recorded to the effect that none of the accused petitioners are
proclaimed offenders.
As per report dated 17.04.2018 received from the learned Judicial
Magistrate First Class, Batala, satisfaction is expressed that the compromise
between the parties is genuine, arrived at out of the free ill of the parties without
any pressure or coercion. 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 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
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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.163 dated 29.11.2014
under Sections 498A/406 IPC, registered at Police Station Ghuman, Police
District Batala, District Gurdaspur alongwith all consequential proceedings are,
hereby, quashed.
( LISA GILL )
April 27 , 2018. JUDGE
‘om’
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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