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2010 Supreme(SC) 1348
SUPREME COURT OF INDIA
D.K. JAIN, C.K. PRASAD, JJ.
Anaant Dupar and Others – Petitioners
Versus
State of Punjab and Another – Respondents
Special Leave to Appeal (Crl.) No. 7220 of 2008
Decided On : 26-06-2010
Advocate Appeared:
For the Petitioners: Mr. Mahesh Tiwari, Mr. Vibhuti Sushant Gupta, Mr. S.N. Tiwari, Dr. Kailash Chand.
For the Respondents: Mr. Ankur Mittal, Mr. Jagjit Singh Chhabra, Mr. Jaswant Persuya, Mr. Samir Vijay Singh, Mr. Kuldip Singh.
Headnote:
Hindu Marriage Act, 1955 - Section 13B – First Information Report - Quash of FIR – Evidence - Court are happy to note that with efforts of Mediator appointed by mediation centre set up in High Court of Punjab and Haryana an amicable settlement has been arrived at between parties - A copy of compromise deed executed at Chandigarh between complainant her father and maternal uncle on one side and husband and his mother on other has been placed on record – Held, Having heard Counsel for parties court are of view that since parties have decided to amicably settle disputes between them in order to do complete justice to them it is fit case where court should exercise powers vested in Court Article of Constitution and reduce period of second motion and also quash all criminal cases pending against each other - Accordingly Court direct that District Judge Chandigarh shall grant divorce on basis of joint petition filed by parties in that Court Section of Act in respect of marriage solemnized between petitioner No. 1 and respondent No. 2 on 14th January, 2003 at Ludhiana (Punjab) according to Hindu rites and customs without insisting on second motion in terms of Sub-Section of Section of Act - Marriage shall stand dissolved from date of judgment and decree to be passed by District Judge Chandigarh - Court further direct that all cases arising out FIR September Sections Indian Penal Code registered pending trial in Court of Additional Sessions Judge Section Indian Penal Code registered at P.S. pending trial in Court Sections Indian Penal Code registered at P.S. pending investigation shall stand quashed – petition disposed of
JUDGMENT :
C.K. PRASAD, J.
1. The present petition has been filed by the husband, mother-in-law and sister-in-law of the complainant (respondent No. 2 in this petition), questioning the correctness of order dated 3rd September, 2008, passed by the High Court of Punjab and Haryana in Cr. Misc. Case No. 28552 of 2005. By the impugned order, while disposing of the said petition filed by the petitioners under Section 482 of the Code of Criminal Procedure, seeking quashing of FIR No. 325 dated 6th September, 2009 lodged at Police Station, Kotwali, District Sangrur, (Punjab), the High Court has directed that all the documents filed along with FIR No. 217 dated 20th August, 2009 registered at P.S. Dhalli shall be handed over to the Investigating Officer at Police Station, Kotwali, Sangrur, to enable him to conduct investigations in FIR No. 325.
2. When the petition came up for hearing on 17th August, 2009, it was stated by learned Counsel for the parties that efforts were afoot to resolve the differences between the parties amicably as both the sides were embroiled in cross- cases against each other. We are happy to note that with the efforts of the learned Mediator, appointed by the mediation centre set up in the High Court of Punjab and Haryana, an amicable settlement has been arrived at between the parties. A copy of the compromise deed executed on 9th July, 2009 at Chandigarh between the complainant, her father and maternal uncle on the one side and the husband and his mother on the other, has been placed on record. For the sake of ready reference, the terms of compromise are extracted below:
“Terms and Conditions:
(1) That all claims of Anuradha towards maintenance i.e. past, present and future as well as any other claims ensuing from her wedlock including any claims regarding dowry, Istridhan, alimony, permanent alimony, gifts expenditure, damages, the amount occurred by virtue of interim order in the petition under Section 125, Criminal Procedure Code or by virtue of the order passed in revision of the said order by ADSJ, Sangrur, settlement for divorce or if any other claim whatsoever, have been fully and finally settled. She cannot claim anything in any manner from the second party at any time.
(2) Both the parties undertake not to make any claim or seek compensation from each other now or in future.
(3) Both the parties have agreed to withdraw their respective cases filed by them or their relatives against each other. The first party shall first withdraw all the cases filed at their instance and shall get the FIRs quashed against the second party. They (Mrs. Anuradha and Mr. Vinay Mohan Gulati) shall give an affidavit/statement as required in the SLP No. 7220 (Criminal) of 2008 in the Hon'ble Supreme Court and shall get the FIR No. 325 dated 6.9.2004 against second party at Sangrur and FIR No. 217 dated 20.8.04 at Shimla quashed.
(4) After withdrawal/quashing of all the cases by the first party, a petition for quashing the case under Section 306 Indian Penal Code in the Hon'ble High Court shall be moved by the first party in which Dr. Manju Lata shall give an affidavit that she has no objection if the FIR No. 128 dated 25.9.2004 under Section 306 Indian Penal Code registered by GRP Ludhiana is quashed. The second party shall also withdraw the case under Section 340, Criminal Procedure Code against the first party which is pending in the Court at Ludhiana.
(5) That simultaneously with the filing of petition for quashing of the case FIR No. 128 dated 25.9.2004 under Section 306 Indian Penal Code, both parties shall move an application for conversion of application under Section 13 HMA into that of 13B, HMA along-with a joint petition under Section 13B of H.M.A. for dissolution of marriage by mutual consent in the Court of District Judge, Chandigarh. None of the parties at any stage shall withdraw consent to the petition under Section 13B of H.M.A. within three days of the quashing of the FIR in the case under Sections 306/34, Indian P
