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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vivek Puri, J.
Shiv Parshad & Ors. – Appellants
Versus
State Of Haryana & Anr. – Respondents
CRM-M-49625-2021
Decided On : 14-03-2022
Compromise - Quashing of FIR - Sections 323/406/498-A/506 IPC - [Sections 323, 406, 498-A, 506 of IPC]
Fact of the Case:
The petitioners sought quashing of FIR under Sections 323/406/498-A/506 IPC based on a compromise between the parties. The matrimonial dispute had been settled amicably, and the marriage between petitioner No.1 and respondent No.2 had been dissolved by mutual consent under Section 13-B of the Hindu Marriage Act.
Finding of the Court:
The Court found that the compromise between the parties was voluntary and genuine, without any pressure. It held that continuation of the prosecution would result in an abuse of process of law and that the case did not involve heinous or serious offences. Citing precedent, the Court exercised its inherent jurisdiction under Section 482 Cr.P.C to quash the FIR and subsequent proceedings against the petitioners.
Issues: The issues involved the settlement of a matrimonial dispute through a compromise and the exercise of the court's inherent jurisdiction to quash the FIR and subsequent proceedings.
Ratio Decidendi: The Court's decision was based on the voluntary and genuine nature of the compromise, the absence of serious offences, and the exercise of inherent jurisdiction under Section 482 Cr.P.C.
Final Decision: The Court allowed the petition and ordered the quashing of the FIR and all subsequent proceedings against the petitioners.
JUDGMENT
Vivek Puri, J.- Petitioners have approached this Court by way of instant petition under Section 482 Cr.P.C. invoking its inherent jurisdiction for quashing of FIR No.289 dated 14.10.2019 under Sections 323/406/498-A/506 IPC registered at Police Station Sadar, Yamuna Nagar on the basis of compromise (Annexure P-2).
2. On 26.11.2021, the parties were directed to get their statements recorded before the learned trial Court/ Illaqa Magistrate.
3. In compliance of the order dated 26.11.2021, the statements of the parties have been recorded and the learned Chief Judicial Magistrate, Yamuna Nagar, Jagadhri has sent the report and the same is reproduced here-in-below:-
"In compliance of order dated 26.11.2021 passed by Hon'ble High Court of Punjab & Haryana at Chandigarh, in CRM-M-49625-2021 titled as Shiv Parshad & others vs. State of Haryana & another, bearing FIR No.289 dated 14.10.2019, under Sections 323, 406, 498-A,506 of IPC, Police Station Sadar Yamuna Nagar, my report is as under
1. In compliance of the order dated 26.11.2021 passed by Hon'ble High Court, complainant Komal wife of Shiv Parshad and daughter of Raj Kumar and accused (1) Shiv Parshad son of Dhukhai @ Dhokhai Parshad, (2) Dhukhai @ Dhokhai son of Sham Lal and (3) Maya Devi wife of Dhukhai @ Dhokhai Parshad, appeared before the court of undersigned and got recorded their separate statements. Statement of complainant is Annexure-I and statement of accused is Annexure-II (Annexed herewith in original). Compromise Ex. CX is Annexure-III.
As per statement of complainant Komal, the matter between the complainant and accused persons has been compromised voluntarily without any pressure, threat or coercion. It has been stated by the complainant that she has no objection if the FIR is quashed against accused. In the similar manner, accused Shiv Parshad, Dhukhai (@ Dhokhai and Maya Devi have given statement that matter between them has been compromised voluntarily without any pressure, threat or coercion. From the statements of complainant and accused persons, it appear that matter between complainant and accused has been compromised voluntarily without pressure of any kind from any corner and compromise effected between them is genuine one.
Had there been any pressure of any kind on any of the persons, who had given statements before this court, then he could bring notice of this court about that fact, but none of the persons, who had given statements had stated that he was under pressure of any kind.
In these circumstances, it is concluded that the statements of the complainant and accused persons are bona fide and are not result of any threat, duress or coercion in any manner and hence compromise effected between complainant and accused is voluntarily without any threat or coercion and is valid one.
2. In pursuance of the notice, ASI Jai Bhagwan. No. 37/YNR appeared on 04.03.2022 and suffered a statement that he was the Investigating Officer of the present case. The case was registered on the complaint of Komal wife of Shiv Parshad and daughter of Raj Kumar, resident of Teerath Nagar, Badi Maira, Yamuna Nagar against (1) Shiv Parshad son of Dhukhai Parshad, (2) Dhukhai Parshad son of Sham Lal, (3) Maya Devi wife of Dhukhai Parshad, (4) Guru Parshad son Dhukhai Parshad, (5) Komal wife of Guru Parshad (6) Geeta daughter of Dukhai Parshad, resident of Gopal Colony, Bada Rai Majra, Patiala (Punjab). He further stated that during investigation, Guru Parshad, Komal wife of Guru Parshad and Geeta were found innocent. He further stated that as per record, the accused persons have not been declared Proclaimed Person by any Court of Law in this case or in any other case in India. He further stated that no other criminal proceeding is pending against the accused persons. Statement of 10 is Annexure-TV (Annexed herewith in original).
It is also reported that accused Shiv Parshad, Dhukhai Parshad and Maya Devi are facing trial of the present case and they are appearing before the Cou
The central legal point established in the judgment is the court's exercise of inherent jurisdiction under Section 482 Cr.P.C to quash the FIR based on a voluntary and genuine compromise in a matrimo....
The central legal point established in the judgment is the court's exercise of inherent jurisdiction under Section 482 Cr.P.C. to quash the FIR and consequential proceedings based on a genuine compro....
The court affirmed that under Section 482 Cr.P.C., FIRs can be quashed based on voluntary compromises, emphasizing caution in serious offences.
The Court can invoke inherent powers under Section 482 CrPC to quash proceedings based on a genuine and voluntary compromise, considering the nature of the offence, societal impact, and the ends of j....
Courts should encourage amicable settlements in matrimonial disputes, allowing quashing of FIRs and charge sheets when parties resolve issues voluntarily without coercion.
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