Gaurav Narula And ORS v. State Of Punjab And ORS.
[ 1 ]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of Decision : December 08, 2017 Gaurav Narula and others ...............................................Petitioners
Versus
State of Punjab and another ........................................ Respondents CORAM : HON'BLE MRS. JUSTICE LISA GILL ...
Present:
Mr. Nitin Verma, Advocate for Mr. Sameer Sachdeva, Advocate for the petitioners.
Mr. Saurav Khurana, DAG, Punjab.
Ms. Sushma Chopra, Advocate for respondent No.2.
...
LISA GILL, J. (Oral) Prayer in this petition is for quashing of FIR No.15 dated 01.08.2014 under Sections 406, 498-A IPC registered at Police Station Women Jagraon, District Ludhiana along with all other consequential proceedings arising therefrom on the basis of compromise arrived at between the parties before this Court during the pendency of CRM-M30232 of 2014 as reflected in order dated 22.12.2015 (Annexure P2). It is informed that the complainant-respondent No.2 and her husband-petitioner No.1 have since been granted the decree of divorce. The entire settled amount has been handed over to respondent No.2. Parties were directed by this Court on 21.09.2017 to appear
[ 2 ] before the learned trial Court/Area Magistrate for recording of their statements in regard to the settlement.
Pursuant to order dated 21.09.2017, the parties appeared before the learned Judicial Magistrate 1st Class, Jagraon on 04.10.2017 and their statements were recorded on 06.10.2017 and 09.10.2017. Respondent No.2 in her statement recorded on 09.10.2017, stated that she has compromised the matter with all the accused/petitioners out of her own free will, without any pressure or coercion. It is stated that respondent No.2 has received `8,50,000/- in the form of four FDRs, photocopies of which were tendered as Exs.C1 to C4. Decree of divorce in the petition under Section 13-B of the Hindu Marriage Act, 1955 was granted to them on 14.07.2017. Respondent No.2 stated that she has no objection to quashing of the aforementioned FIR against all the accused/petitioners.
Joint Statement of the petitioners in respect to the compromise was recorded on 06.10.2017. As per report dated 07.11.2017 received from the learned Judicial Magistrate 1st Class, Jagraon, it is opined that the settlement between the parties is genuine and voluntary arrived at out of their own free will. None of the petitioners are reported to be proclaimed offenders. Statements of the parties are appended along with 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 above-mentioned FIR.
Learned counsel for the State submits that as the above-said 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.
[ 3 ] 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 above-said 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. 15 dated 01.08.2014 under Sections 406, 498-A IPC registered at Police Station Women Jagraon, District Ludhiana along with all consequential proceedings are, hereby, quashed.
( LISA GILL ) 08.12.2017 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:
Yes / No