Petitioner accused filed a petition under Section 482 Cr.P.C. seeking quashing of FIR in a matrimonial dispute after an amicably settled compromise. The High Court accepted the petition and quashed the FIR and proceedings, discharging the petitioner.
FIR quashed; proceedings arising therefrom quashed; petitioner discharged.
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In the High Court for the States of Punjab and Haryana, at Chandigarh
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Pushpinder Singh ..Petitioner
Versus
State of Punjab and another ..Respondents
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Present: Mr.B.S.Seemer, Advocate for Mr. B.S.Bhalla, Advocate for the petitioner. Mr. J.S.Brar, AAG,Punjab for respondent No.1)State None for respondent No.2
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By way of this petition � under Section 482 of the Criminal Procedure Code, 1973,(for short,”Cr.P.C”) petitioner, the accused, in First Information Report (for short, FIR) No. 112 dated 20.8.2013 under Sections 506/354)C, 354)D of the Indian Penal Code, 1860, (for short,''IPC'') and Section 67A of IT Act, 2009, recorded at Police Station, Sidhwan Bet, District Ludhiana Rural seeks quashing of the above said FIR by stating that the matter has been amicably settled between him and the complainant/respondent No.2 as evidenced by the deed of compromise.
FIR was recorded at the instance of respondent No.2, on the allegation that the petitioner took illegal ways for getting
NIRMAL KANT 2014.10.14 11:19 I am the author of this document high court chandigarh
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married with complainant)respondent No.2 and now divorce has taken place between them in May, 2013. However, now with the intervention of the respectables complainant/respondent No.2 has effected a compromise (Annexure P2) and has resolved not to pursue the matter qua the petitioner.
Vide order dated 11.8.2014, the learned trial Court was asked to record statements of the parties concerned to find out if the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. The learned Judicial Magistrate Ist Class, Jagraon, has submitted a report dated 15.9.2014 affirming that the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion.
The Complainant is not present and by doing so, complainant/respondent No.2 has shown her disinclination to contest the petition and the learned State counsel has no objection if the FIR and proceedings arising therefrom are quashed.
Impressing upon the courts to promote settlements in matrimonial cases, Hon’ble Supreme Court of India in ��������� ��(! "���!������&����)���*��������(! "���!������+���$� 2013 IV AD (S.C.) 59: 2013(4) ADJ 40: 2013(2) ALD(Cri) 148: 2013(3) BomCR(Cri) 438: 116(2013) CLT 572: 2013(2) Crimes 90(SC): (2013)3 GLR 1875: ILR 2013(2) Kerala 89: 2013(2) J.L.J.R. 225: 2013(2) JCC 1365: 2013(2) JLJ 128, JT2013(4) SC 98: 2013(2) KLT 47: 2013)4)LW 146, 2013)2)LW(Crl) 284: 2013(2) MLJ(Crl) 736: 2013
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(II) OLR 97: 2013(2) PLJR 312: 2013(2) RCR(Criminal) 427: 2013(2) RLW 1416: 2013(3) SCALE 537: (2013)4 SCC 58: 2013(2) UC 960 (decided On: 15.03.2013).
From the above it is established that the parties to the lis have resolved the inter se dispute amicably and to live in peace and harmony. In such a situation, the FIR and consequent proceedings need to be quashed. Reference may be made to a Five)Judges Bench � decision of this Court in �- �.������#��(!�"��#��������/ �0��$ ���1%,' ����%����' ���������1%,' �/2���,3����1%�' �42��%/ �0��' ,,5����1%,'�+4�2��5�5����1%�'������5�����1%�3'�+4���,�����1 %�'��6��1�3�����1%�'�-26���� , 7����#��(!�"��#��������/ �0��$�%#�' ����%�' ��������+8�9 �� �(:�����%�+�' ���3�����%�' ����%����' ��,�����%�'��6�����������-���2����������%�'�-26���5�����%�' 2�. ��������%#�' �,��������%�' �-���2���1�������%�' ������� 11�������%��' �#���,�,������+4��%#�'%���' ��13�������%���2� �3,������%�'�+4�2����������%�'����:���%#�'���������%3'�#�+2; ��1�����%�'�<2��%#�'����:�����1�,�
It is anybody’s guess that the parties having entered a compromise, possibility of the trial resulting into conviction of the accused is remote and bleak and that being so continuation of criminal proceedings would visit the accused with great oppression, prejudice and extreme injustice. Rather it would be unfair and contrary to the interest of justice, or say abuse of the process of the Court, if the criminal proceedings are allowed to continue. Ends of justice would be met only if the criminal proceedings are put to an
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end because this would allow the parties to translate their desire to live in peace into reality. The only consideration for the compromise reached between the parties seems to be their desire to bury the hatchet for all times to come. The compromise is also found to be in the interest of public at large, for, it will add to the peace of the society and will promote peaceful co)existence. The Courts are bound to play role of paramount importance in achieving peace, harmony and ever)lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of the Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.
In the consequence, I accept the petition, quash the FIR in question as also the proceedings arising therefrom qua the petitioner and discharge him from the proceedings.
October 6,2014 (MAHAVIR S.CHAUHAN) nk ��������������� JUDGE
NIRMAL KANT 2014.10.14 11:19 I am the author of this document high court chandigarh
2 issues framed by the court
Whether the FIR and proceedings should be quashed on the basis of a mutual compromise in a matrimonial dispute.
Whether continuing criminal proceedings despite a settlement would amount to an abuse of the process of the court.
Colour shows how this judgement treated each authority
3 provisions across 3 enactments
Pushpinder Singh
State of Punjab
Complainant
Mahavir S. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
