Arun Singla And ANR. v. State Of Punjab And ANR.
[ 1 ]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of Decision : March 19, 2018 Arun Singla and another ...................................................Petitioners
Versus
State of Punjab and another......................................... Respondents CORAM : HON'BLE MRS. JUSTICE LISA GILL ...
Present:
Mr. Sunil Garg, Advocate for the petitioners.
Mr. Anmol Singh Sandhu, AAG, Punjab.
Mr. C.S.Singh, Advocate for respondent No.2.
...
LISA GILL, J. (Oral) Prayer in this petition is for quashing of FIR No.129 dated 22.07.2011 under Sections 406, 498-A and 201 IPC registered at Police Station Kotwali Nabha, District Patiala, along with all other consequential proceedings arising therefrom on the basis of compromise dated 11.08.2017 (Annexure P2) arrived at between the parties. The above-said FIR was registered at the instance of respondent No.2 due to matrimonial discord with her husband i.e. petitioner No.1. The matter was amicably resolved. The terms and conditions of settlement were reduced into writing on 11.08.2017 (Annexure P-2). It is informed that the petition under Section 13-B of the Hindu Marriage Act, 1955 filed by petitioner No.1 and respondent No.2 has since been allowed on 21.02.2018. The entire settled amount of `15 lakhs has
[ 2 ] been handed over to respondent No.2. It is submitted that there is no impediment in quashing of the aforementioned FIR. Pursuant to order dated 30.11.2017, the parties appeared before the learned Judicial Magistrate First Class, Nabha, and their statements were recorded on 15.12.2017. Respondent No.2 stated that she has compromised the matter with both the accused-petitioners out of her own free will. It is stated that petition under Section 13-B of the Hindu Marriage Act, 1955 has been filed and the same is listed for 21.02.2018. Respondent No.2 further stated that she has no objection to the quashing of the abovesaid FIR against both the petitioners provided the entire amount of `15 lakhs was remitted to her. Statements of the petitioners in respect to the compromise were also recorded.
As per report dated 15.12.2017 received from the learned Judicial Magistrate First Class, Nabha, satisfaction is expressed that the settlement between the parties is voluntary, without any pressure or coercion. None of the petitioners is reported to be a proclaimed offender. 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 as well as receipt of the entire settled amount . It is reiterated that respondent No.2 has no objection to the quashing of the above-mentioned FIR against both the petitioners. Learned counsel for the State has not raised any serious objection to the quashing of the aforesaid 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
[ 3 ] 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. 129 dated 22.07.2011 under Sections 406, 498-A and 201 IPC registered at Police Station Kotwali Nabha, District Patiala, along with all consequential proceedings are, hereby, quashed.
( LISA GILL ) 19.03.2018 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:
Yes / No