Sumit Gupta And Another v. State Of Punjab And Another
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 12048 of 2017(O&M) Date of Decision: October 10 , 2017.
Sumit Gupta and another ...... PETITIONER(s)
Versus
State of Punjab and another ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL
Present:
Mr. Kushagra Mahajan, Advocate for the petitioners.
Mr. Rahul Rathore, DAG, Punjab.
Mr. Jasjit Virk, Advocat for Mr. Arjun Veer Sharma, Advocate for the complainant/respondent No.2.
***** LISA GILL, J.
Prayer in this petition is for quashing of FIR No.69 dated 14.08.2015 under Section 498A IPC registered at Police Station Women Cell, District Amritsar 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 29.03.2017 (Annexure P2).
-2Petitioner No.1 and respondent No.2 decided to bury the hatchet and have started living together. It is informed that they are residing at their matrimonial home alongwith their minor child since April, 2017. This Court on 24.07.2017 directed the parties to appear before learned trial court for recording their statements in respect to the abovementioned compromise. Learned trial court 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 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 24.07.2017, the parties appeared before the learned Judicial Magistrate First Class, Amritsar and their statements were recorded on 05.09.2017. Respondent No.2 stated that the matter has been amicably resolved by her with both the accused petitioners. The settlement, it is stated, has been arrived at out of her own free will, without any pressure, coercion, allurement or threat. It is further stated that she is now residing peacefully alongwith her husband and does not wish to pursue this matter any longer. Respondent No.2 stated that she has no objection in case the abovesaid FIR against the accused petitioners is quashed. Statements of the petitioners in respect to the settlement were recorded as well. As per report dated 19.09.2017 received from the learned Judicial Magistrate First Class, Amritsar, it is opined that settlement between the parties has been arrived at out of their free will without any kind of coercion. None of
-3the petitioners are reported to be proclaimed offenders. Statements of the parties are appended alongwith the said report.
Learned counsel appearing 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 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.
-4This petition is, thus, allowed and FIR No.69 dated 14.08.2015 under Section 498A IPC registered at Police Station Women Cell, District Amritsar alongwith all consequential proceedings are, hereby, quashed. However, liberty is afforded to respondent No.2 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 ) October 10 , 2017.
JUDGE 'om'
Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No