Rahul Kausal And ORS. v. State Of Punjab & ANR.
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 36647 of 2017(O&M) Date of Decision: April 17 , 2018.
Rahul Kausal and others ...... PETITIONER(s)
Versus
State of Punjab and another ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL
Present:
Mr. Aman Deep Singh Rai, Advocate for the petitioners.
Mr. Sukhbir Singh, AAG, Punjab.
Ms. Gagandeep Kaur, Advocate for Mr. Ravish Bansal, Advocate for the complainant/respondent No.2.
***** LISA GILL, J.
Prayer in this petition is for quashing of FIR No.137 dated 17.05.2017 under Sections 498A/406 IPC, registered at Police Station City Barnala, District Barnala 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. It is submitted that the matter has been amicably resolved between the parties before the Mediation and Conciliation Centre of this Court, the terms of which were
-2reduced into writing on 30.08.2017 (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 Act, 1955 filed by petitioner No.1 and respondent No.2 has since been allowed on 11.04.2018. The entire settled amount has been handed over to respondent No.2.
This Court on 08.12.2017 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 08.12.2017, the parties appeared before the learned Chief Judicial Magistrate, Barnala and their statements were recorded on 17.01.2018. Respondent No.2 stated that she has compromised the matter with all the accused persons out of her own free will without any pressure or coercion and has no objection in case the abovesaid FIR against the accused petitioners is quashed. Joint statement of the petitioners in respect to the settlement was recorded as well.
As per report dated 25.01.2018 received from the learned Chief Judicial Magistrate, Barnala, satisfaction is expressed that the compromise
-3between the parties is genuine, arrived at out of the free will of the parties without any pressure or coercion. None of the petitioners are reported to be proclaimed offenders. Statements of the parties are appended alongwith the said report.
Learned counsel for respondent No.2 reaffirms and verifies the factum of settlement between the parties and submits that the entire settled amount has been received by respondent No.2. 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
-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. 137 dated 17.05.2017 under Sections 498A/406 IPC, registered at Police Station City Barnala, District Barnala alongwith all consequential proceedings are, hereby, quashed. ( LISA GILL ) April 17 , 2018.
JUDGE 'om'
Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No