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High Court of Punjab and HaryanaCRM-M/29300/2017disposed of

Rajwinder Singh And ORS v. State Of Punjab And ANR

2018-05-14Mr. Justice Satpal4 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 29300 of 2017(O&M) Date of Decision: May 14 , 2018.

Rajwinder Singh and others ...... PETITIONER(s)

Versus

State of Punjab and another ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Naveen Sharma, Advocate for the petitioners.

Ms. Ruchika Sabharwal, AAG, Punjab.

None for respondent No.2.

***** LISA GILL, J.

Prayer in this petition is for quashing of FIR No.49 dated 10.09.2013, under Sections 498A/406 IPC, registered at Police Station Women Bathinda, District Bathinda 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 25.07.2017 (Annexure P2). Petitioner No.1 and respondent No.2 decided to part ways. It is informed that petition under Section 13B of the Hindu Marriage

-2Act, 1955 filed by petitioner No.1 and respondent No.2 has since been allowed. Learned counsel for the petitioners further informs that the entire settled amount stands remitted to respondent No.2 in terms of the compromise. This Court on 06.10.2017 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 06.10.2017, the parties appeared before the learned Judicial Magistrate First Class, Bathinda and their statements were recorded on 12.10.2017. Respondent No.2 stated that she has compromised with all the accused persons out of her own free will without any kind of pressure with the intervention of respectables and friends. Pendency of the petition under Section 13B of the Hindu Marriage Act, 1955 is specifically mentioned. Respondent No.2 further stated that she has no objection in case the abovesaid FIR against the accused petitioners is quashed. Separate statements of the petitioners in respect to the settlement were recorded as well. As per report dated 12.10.2017 received from the learned Judicial Magistrate First Class, Bathinda, it is opined that the compromise between the parties is genuine and voluntary, arrived at out of the free will of the parties

-3without any coercion or undue influence. None of the petitioners are reported to be proclaimed offenders. Photocopies of statements of the parties are appended alongwith the said report.

Mr. Inderjit Sharma, Advocate had appeared on behalf of respondent No.2 before this Court on 06.10.2017. He affirmed and verified the factum of settlement between the parties and raised no objection to the quashing of the abovementioned FIR against the petitioners, pursuant to which the parties were directed to appear before the learned trial court to record their statements in respect to the compromise.

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

-4in 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.49 dated 10.09.2013, under Sections 498A/406 IPC, registered at Police Station Women Bathinda, District Bathinda alongwith all consequential proceedings are, hereby, quashed. ( LISA GILL ) May 14 , 2018.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No