Sunny Aggarwal & ORS v. State Of Punjab & ANR
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Criminal Misc. No. M- 7554 of 2017(O&M) Date of Decision: July 7 , 2017.
Sunny Aggarwal and others ...... PETITIONER(s)
Versus
State of Punjab and another ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL
Present:
Mr. Gourav Jain, Advocate for the petitioners.
Mr. Karambir Singh, AAG, Punjab.
Mr. Munfaid Khan, Advocate for respondent No.2.
***** LISA GILL, J.
Prayer in this petition is for quashing of FIR No.34 dated 09.05.2015 under Sections 498A/406 IPC registered at Police Station Baretta, District Mansa 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. They wish to live in peace and harmony and put an end to the acrimony between them. Petitioner No.1 and respondent No.2, it is
submitted, are now residing together as husband and wife in their matrimonial home.
This Court on 07.04.2017 directed the parties to appear before learned trial court/Illaqa Magistrate for recording their statements in respect to the above-mentioned compromise. Learned trial court/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 trial court/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 07.04.2017, the parties appeared before the learned Judicial Magistrate First Class, Budhlada and their statements were recorded on 02.05.2017. Respondent No.2 stated that she has amicably resolved the entire dispute with all the accused-petitioners out of her own free will without any pressure. She is living with her husband at Ludhiana. Respondent No.2 further stated that she has no objection to the quashing of the abovesaid FIR qua the petitioners. A joint statement of all the accused in respect to the settlement was recorded.
As per report dated 02.05.2017 received from the learned Judicial Magistrate First Class, Budhlada it is opined that the settlement between the parties is voluntary, arrived at without any kind of pressure or coercion. The 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. It is reiterated that respondent No.2 has no objection to the quashing of the abovementioned FIR against all 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 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 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. 34 dated 09.05.2015 under Sections 498A/406 IPC registered at Police Station Baretta, District Mansa alongwith all consequential proceedings are, hereby, quashed. However, liberty is afforded to respondent No.
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 ) July 7 , 2017.
JUDGE 'om'
Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No