Gurjant Singh and others vs State of Punjab and another

Prayer in this petition is for quashing of FIR No.58 dated 14.07.2017, under Sections 406, 498-A IPC, registered at Police Station Sohana,

District Mohali, along with all other consequential proceedings arising therefrom on the basis of compromise (Annexure P-2) arrived at between

the parties before the Lok Adalat, Mohali.

It is submitted that the above-said FIR was registered at the instance of respondent No.2 due to matrimonial discord with her husband-

petitioner no.1. The matter was amicably resolved before the Lok Adalat, Mohali. Learned counsel for the petitioners submits that petition under

Section 13-B of the Hindu Marriage Act, 1955 has been filed by petitioner no.1 and respondent no.2. Statements of the parties at first motion

have been recorded. Part of the settled amount has been handed over to respondent no.2. The said petition is listed for recording of statements of

the parties at second motion on 01.05.2018. Petitioners undertake to handover the balance amount to respondent no.2 on the said date in terms of

the settlement arrived at between the parties. Therefore, it is prayed that this petition be allowed.

This Court on 05.12.2017 directed the parties to appear before the learned trial court for recording of their statements in respect to the above-

mentioned 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 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 05.12.2017, the parties appeared before the learned Civil Judge (Jr. Division)-cum-Judicial Magistrate Ist Class,

Mohali, and their statements were recorded on 12.12.2017. Respondent No.2 stated that she has amicably resolved the matter with all the

accused-petitioners before the Lok Adalat held on 09.09.2017 at S.A.S.Nagar (Mohali). Copy of the terms and conditions of the settlement were

tendered as Ex.C.1. Respondent no.2 further stated that she has no objection in case the above mentioned FIR against the accused-petitioners is

quashed. It is mentioned that petition under Section 13-B of the Hindu Marriage Act, 1955, stands filed by the parties. Joint statements of the

petitioners in respect to the settlement was recorded.

As per report dated 16.12.2017, received from the learned Civil Judge (Jr. Division)-cum-Judicial Magistrate Ist Class, Mohali, satisfaction is

expressed that the compromise between the parties is genuine, arrived at out of the free will of the parties, without any pressure or undue influence.

None of the petitioners is reported to be a proclaimed offender.

Learned counsel for respondent No.2 affirms 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 the petitioners subject to the petitioners strictly adhering to the terms and

conditions of the settlement.

Learned counsel for the State has not raised any serious 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 Punjaband another 2007 (3) R.C.R.(Criminal) 1052, a five member Benchof 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 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.58 dated 14.07.2017, under Sections 406, 498-A IPC, registered at Police Station Sohana,

District Mohali, along with 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.