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High Court of Punjab and HaryanaCRM-M/8299/2017disposed of

Swatanter Verma And ANR. v. State Of Punjab And ANR.

2017-11-15Mr. Justice Satpal4 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 8299 of 2017(O&M) Date of Decision: November 15 , 2017.

Swatanter Verma and another ...... PETITIONER(s)

Versus

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

Present:

Mr. Rajbir Singh, Advocate for the petitioners.

Mr. Karanbir Singh, AAG, Punjab.

Mr. Jai Bhagwan, Advocate for the complainant/respondent No.2.

***** LISA GILL, J.

Prayer in this petition is for quashing of FIR No.16 dated 05.03.2016 under Sections 498A/406 IPC registered at Police Station City Ahmedgarh, District Sangrur 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. With the intervention of respectables and relatives, a compromise was arrived at between the parties, the terms of which were reduced into writing on 20.12.2016 (Annexure P2). Petitioner No.1 and respondent No.2 decided to part ways.

-2It 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 05.08.2017. The entire settled amount has been handed over to respondent No.2.

This Court on 23.05.2017 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 23.05.2017, the parties appeared before the learned Judicial Magistrate First Class, Malerkotla and their statements were recorded on 02.06.2017. Respondent No.2 stated that the matter has been compromised by her with the accused petitioners out of her own free will without any coercion or undue influence. It is submitted that she has no objection in case the abovesaid FIR against the accused petitioners is quashed. Photocopy of compromise dated 20.12.2016 was produced before the court as Mark 'A'. Joint statement of the petitioners in respect to the settlement was recorded as well.

As per report dated 02.06.2017 received from the learned Judicial

-3Magistrate First Class, Malerkotla, it is opined that compromise between the parties is genuine and voluntary, arrived at between them without any coercion or undue influence. 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. It is further verified that petition under Section 13B of the Hindu Marriage Act, 1955 filed by petitioner No.1 and respondent No.2 has been allowed and 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.16 dated 05.03.2016 under Sections 498A/406 IPC registered at Police Station City Ahmedgarh, District Sangrur alongwith all consequential proceedings are, hereby, quashed. ( LISA GILL ) November 15 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No