Allowed

Maheshwar Chawla v. State of Haryana and Another

Punjab & Haryana HC10 Jan 2011CRM-M/31707/2010

Case brief

AI extract

What is this about?

The Court quashed an FIR and subsequent proceedings in a matrimonial case under Section 482 Cr.P.C. following a voluntary compromise between parties to promote peace, harmony, and social amity, citing settled Supreme Court High Court and Full Bench precedents.

What did the court decide?

FIR No.293 dated 23.09.2010 under Sections 406, 498-A, 323 and 506 IPC and all subsequent proceedings arising therefrom are quashed.

Maheshwar Chawla Vs State of Haryana and Another — Domestic Violence | Punjab & Haryana HC (2011)

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Crl. Misc. No.M-31707 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl. Misc. No.M-31707 of 2010 Date of Decision: 10.01.2011

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Dr. Maheshwar Chawla and another

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....Petitioners

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Versus

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State of Haryana and another

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...Respondents

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CORAM : Hon'ble Ms. Justice Nirmaljit Kaur

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Present:Mr. Deepak Sharma, Advocate for the petitioners.

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Mr. Amit Rana, D.A.G., Haryana for the respondent-State.

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Mr. Pankaj Bali, Advocate for respondent No.2.

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Whether Reporters of Local Newspapers may be allowed to see the judgment ?

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To be referred to the Reporters or not ?

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Whether the judgment should be reported in the Digest ?

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NIRMALJIT KAUR, J. (ORAL)

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This is a petition under Section 482 Cr.P.C. for quashing of the FIR No.293 dated 23.09.2010 under Sections 406, 498-A, 323 and 506 IPC registered at Police Station Baldev Nagar, District Ambala along with all subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.

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The FIR was registered against the present petitioner by respondent No.2-Dr. Aditi Gautam. Notice of motion was issued in this case and the trial Court was directed to record a finding and send his report whether any volunteer compromise has been arrived at between the parties. Accordingly, a report with regard to the same has been received

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Crl. Misc. No.M-31707 of 2010

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from the Chief Judicial Magistrate, Ambala, wherein, it is stated that the matter has been compromised between the parties. Therefore, the compromise effected between the parties appear to be volunteered one. The matter having been compromised, it is fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C for quashing of the FIR.

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The Full Bench of this Court, in the case of Kulwinder Singh and others vs. State of Punjab and another 2007(3) RCR (Criminal) 1052 has held that 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 Cr.P.C 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”. Disputes which have their genesis not only in matrimonial discord but others as well, such compromise deserves to be accepted. It is further held as under :-

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“ The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in noncompoundable offences notwithstanding the bar under Section 320 of the Cr.P.C in order to prevent the abuse of law and to secure the ends of justice.”

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In the case of Madan Mohan Abbot vs. State of Punjab

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2008(4) S.C. Cases 582, the Apex Court emphasised and advised as under :-

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“ We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as

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Crl. Misc. No.M-31707 of 2010

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keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.”

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The matter has been compromised. In view of the settled position of law, it would be just and proper to quash the FIR for peace, harmony and thus allow the parties to move on in life.

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Accordingly, the present petition is allowed and FIR No.293 dated 23.09.2010 under Sections 406, 498-A, 323 and 506 IPC registered at Police Station Baldev Nagar, District Ambala along with all subsequent proceedings arising therefrom are hereby quashed in the interest of justice.

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10.01.2011 gurpreet

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(NIRMALJIT KAUR) JUDGE

Maheshwar Chawla v. State of Haryana and Another

Case brief

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Maheshwar Chawla v. State of Haryana and Another

Case brief

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