Allowed

Vakil and Ors. v. State of Haryana and Anr.

Punjab & Haryana HC2 Feb 2012CRM-M/19703/2011

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana quashed an FIR registered under Sections 406, 498-A, and 506 IPC, relying on a dated compromise and a magisterial report confirming its genuineness. The bench held that resolving matrimonial disputes amicably via compromise is in the spirit of Section 482 Cr.P.C.

What did the court decide?

FIR No. 237 dated 06.08.2005 under Sections 406, 498-A, 506 IPC and subsequent proceedings were quashed.

Vakil and Ors. Vs State of Haryana and Anr. — Matrimonial and Divorce | Punjab & Haryana HC (2012)

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CRM No. M 19703 of 2011 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No. M 19703 of 2011 Date of decision: 02.02.2012

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Vakil and others ........ Petitioners

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Versus

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State of Haryana and another .......Respondent(s)

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Coram: Hon'ble Ms Justice Nirmaljit Kaur

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-.-

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Present: Mr. Gaurav Sethi, Advocate for the petitioners

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Mr. Anmol Malik, AAG, Haryana for the respondent State

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Mr. Rajesh Kumar Garg, Advocate for respondent No. 2 - complainant

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-.-

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Whether Reporters of local papers may be allowed to see the judgement?

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To be referred to the Reporter or not?

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Whether the judgement 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 FIR No. 237 dated 06.08.2005 under Section 406, 498-A, 506 IPC, PS Ambala Cantt. District Ambala (Annexure P-1) which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 28.06.2011 arrived at between the parties. Copy of the same has been placed on record as Annexure P-2.

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CRM No. M 19703 of 2011 2

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Vide this Court's order dated 08.09.2011, the parties were directed to present themselves before the Illaqa Magistrate on 29.0-9.2011 or any other date convenient to the Court for recording their statements with regard to the compromise. The Illaqa Magistrate was also directed to record the statements of both the parties to its satisfaction to know its genuineness that the statements are not the result of any pressure or coercion in any manner. He was also directed to send a report along with statement of the parties with regard to the validity or otherwise of the compromise effected between the parties and intimate whether any case is pending against either of the parties or nor.

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In pursuance to the said order, now, the District and Sessions Judge, Ambala vide letter No. 6369 dated 03.10.2011 has forwarded the report dated 29.09.2011 of the Judicial Magistrate Ist Class, Ambala. In the said report, the Judicial Magistrate, has reported that taking into consideration all the fats and circumstances of the case and the statement of the parties, he is of the opinion that the compromise arrived at between the parties appears to be valid and genuine.

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Thus, this Court has no doubt that the matter in hand has been resolved amicably between the parties.

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The Full Bench of this Court in the case of Kulwinder Singh and others v. State of Punjab and another- 2007(3) RCR (Criminal) 1052 has observed as under:-

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“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,

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CRM No. M 19703 of 2011 3

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enhances the social amity and reduced friction, then it truly is finest hour of justice. Disputes which have their genesis in a matrimonial discord, landlord-tenant matters, commercial transactions and other such matters can safely be dealt with by the court exercising its power under Section 482 of the Cr.P.C in the event of a compromise, but this is not to say power is limited to such cases. There can never be any such rigid rules to prescribe the exercise of such power.”

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The Apex Court in the case of ' Madan Mohan Abbot v. State of Punjab' reported as (2008)4 SCC 582 emphasised in para No. 6 as follows:-

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“6. We need to emphasize 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 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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Taking into account the allegations, compromise as well as report of the trial Court, authenticating the factum of the said compromise, there is no impediment in the way of this Court to quash the present FIR and subsequent proceedings arising out of the same in view of the above said settled proposition of law.

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Accordingly, the present petition is allowed and FIR No. 237 dated 06.08.2005 under Section 406, 498-A, 506 IPC, PS Ambala Cantt.

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CRM No. M 19703 of 2011 4

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District Ambala (Annexure P-1) and subsequent proceedings arising out of the same are hereby quashed.

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Allowed in the aforesaid terms.

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(Nirmaljit Kaur) Judge

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02.02.2012 mohan

Vakil and Ors. v. State of Haryana and Anr.

Case brief

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Vakil and Ors. v. State of Haryana and Anr.

Case brief

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