Nirmala Devi and another vs State of Punjab and another

This petition has been filed under Section 482 of the Code of

Criminal Procedure for quashing of FIR No. 189 dated 07.11.2013

(Annexure P-1) registered under Sections 498-A and 406 of the Indian

Penal Code (for short '' IPC '') at Police Station Sirhind, District Fatehgarh

Sahib and all other consequential proceedings arising therefrom on the basis

of an amicable settlement (Annexure P-2) arrived at between the parties.

It is submitted that the above said FIR was registered at the

behest of respondent No. 2 on account of matrimonial discord between

respondent No. 2 and her husband Om Dutt Sharma @ Sonu. It is submitted

that there are four accused in this FIR. Two of them are petitioners being

the mother-in-law and the sister-in-law of the complainant/respondent No.2-

Tania. Accused Om Dutt Sharma @ Sonu (husband of respondent No. 2)

and Laldeep, husband of petitioner No.2 (brother-in-law of respondent

No.2) are living abroad. With the intervention of respectables, elders and

relatives, the matter has been amicably resolved between the parties.

Respondent No. 2 does not wish to proceed with the above mentioned FIR

against the petitioners. It is submitted that there is no impediment to the

quashing of the said FIR against the petitioners.

This Court on 30.01.2017 directed the parties to appear before the

learned trial Court on 13.02.2017 for recording 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 directed to intimate whether

the petitioners are proclaimed offenders and whether any other case is pending

against them.

Pursuant to order dated 30.01.2017, the parties appeared before the

learned Additional Chief Judicial Magistrate, Fatehgarh Sahib and their

statements were recorded on 13.02.2017. Joint statement of the

complainant/respondent No.2- Tania and her father namely, Rajesh Kumar

was recorded. They have stated that the matter has been compromised with the

accused persons. Istri-dhan of respondent No. 2 has been received by her as

well as all amounts due-past, present and future. The terms and conditions of

the settlement were reduced into writing on 21.08.2016. It is stated by them

that the settlement has been arrived at out of their own free will and consent,

without any kind of pressure or undue influence. Furthermore they have no

objection in case the above said FIR is quashed qua the accused persons. It is

further stated by them that they do not wish to pursue the proceedings against

the other accused namely, Om Dutt and Lal Deep as well though they are

proclaimed offenders in this case. Joint statement of the petitioners in respect

to the settlement was recorded.

As per report dated 09.03.2017, submitted by the learned

Additional Chief Judicial Magistrate, Fatehgarh Sahib, it is opined that the

settlement between the parties is genuine and has been arrived at voluntarily

without any kind of pressure threat or coercion of any kind.

Learned counsel for the complainant/respondent No.2 affirms and

verifies the factum of settlement between the parties. It is stated that

respondent No. 2 has no objection, whatsoever, to the quashing of the above

mentioned FIR against the accused-petitioners.

Learned counsel for the State on instructions from ASI Harjeet

Singh submits that the present being a matrimonial dispute, the State has no

objection to the quashing of this FIR against the petitioners on the basis of a

settlement 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.

It has been held in Parambir Singh Gill Vs. Malkiat Kaur 2010

(1) R.C.R. (Criminal) 256, that an FIR qua one or some of accused can be

quashed in exercise of inherent power under Section 482 Cr.P.C.

In view of the above, 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 only lead to wastage of precious time of the court

and would be an exercise in futility.

This petition is, thus, allowed and FIR No. 189 dated 07.11.2013

(Annexure P-1) registered under Sections 498-A and 406 of the IPC at Police

Station Sirhind, District Fatehgarh Sahib alongwith all consequential

proceedings arising therefrom are hereby quashed qua the petitioners.