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High Court of Punjab and HaryanaCRM-M/31580/2016disposed of

Baljinder Singh And ORS v. State Of Punjab And ANR

2017-05-30Mr. Justice Satpal4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No. M- 31580 of 2016(O&M) Date of Decision: May 30 , 2017.

Baljinder Singh and another ...... PETITIONER(s)

Versus

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

Present:

Mrs. Kuljeet Kaur, Advocate for the petitioners.

Mr. K.D.Sachdeva, Addl.AG, Punjab.

Mr. R.N.Singal, Advocate for respondent No.2.

***** LISA GILL, J.

Prayer in this petition is for quashing of FIR No.66 dated 03.03.2014, under Sections 498A/406 IPC, registered at Police Station Kapurthala City, District Kapurthala 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 behest 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 has been arrived at between the parties, the terms of which were reduced in writing on 23.05.2014. The parties wish to live in peace and harmony and put an end to the acrimony between them. Petitioner No.1 and respondent No.2 have decided to bury the

hatchet and live together.

It is informed that petitioner No.1 and respondent No.2 are now living together in their matrimonial home in a peaceful and harmonious manner. This Court on 09.02.2017 directed the parties to appear before learned Illaqa Magistrate for recording their statements in respect to the abovementioned compromise. Learned 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 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 09.02.

2017, the parties appeared before the learned Chief Judicial Magistrate, Kapurthala and their statements were recorded on 02.03.2017. Respondent No.2 stated that the matter has been amicably resolved with all the accused persons. The settlement has been arrived at without any pressure, coercion or any inducement. Respondent No.2 stated that she did not want to proceed further with the present case and has no objection to the quashing of the abovesaid FIR qua the petitioners. Joint statement of the petitioners was also recorded in respect to the settlement. As per report dated 10.03.2017 received from the learned Chief Judicial Magistrate, Kapurthala it is opined that the compromise between the parties is voluntary, genuine and arrived at without any threat, coercion or pressure.

Petitioners are not proclaimed offenders neither are any such proceedings pending against them.

alongwith the said report.

Learned counsel for respondent No.2 reaffirms and verifies the factum of settlement between the parties. It is stated that respondent No.2 is indeed living together with her husband i.e. petitioner No.1, in her matrimonial home. It is reiterated that respondent No.2 has no objection to the quashing of the abovementioned FIR against both the petitioners. Learned counsel for the State, on instructions from ASI Sukhdev Singh, submits that as the abovesaid FIR arises out of a matrimonial dispute, the State has no objection to the quashing of this FIR 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 only lead to wastage of precious time of the court and would be an exercise in futility. This petition is, thus, allowed and FIR No.66 dated 03.03.2014,

under Sections 498A/406 IPC, registered at Police Station Kapurthala City, District Kapurthala 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 petitioner(s) or it is found that the settlement was a mere ruse to have the aforesaid FIR quashed.

( LISA GILL ) May 30 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No