Punjab-Haryana High Court
Amarinder Kaur Virk And Others vs State Of Punjab And Another on 31 May, 2011
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM M-29505-M of 2009
Date of Decision:31.5.2011
Amarinder Kaur Virk and others .... Petitioners
Versus
State of Punjab and another .... Respondents
CORAM: Hon'ble Ms. Justice Nirmaljit Kaur
Present: Mr. Pankaj Bhardwaj, Advocate for the petitioners.
Mr. Chetan Mittal, Addl. A.G. Punjab.
Mr. APS Deol, Sr. Advocate with
Mr. Amit Jhanji, Advocate for respondent No.2.
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1.Whether Reporters of Local Newspapers may be
allowed to see the judgment?
2.To be referred to the Reporters or not?
3.Whether the judgment should be reported in the
Digest?
NIRMALJIT KAUR, J.(Oral)
The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.191 dated 1.09.2009 under Sections 406/497/498-A/506/509 read with Section 120-B IPC Police Station Zirakpur, District S.A.S. Nagar, Mohali.
During the pendency of the present petition, the matter has been compromised between the parties. A copy of the compromise deed dated 31.5.2011 has been placed on record and the same is exhibited as C-I. The terms and conditions of the compromise read as under:
1. That marriage between First Party and Second Party was solemnized as per Sikh Rites and Ceremonies at Chimney Heights, Zirakpur-Patiala Road, Tehsil Derra Bassi, District Mohali on 23.2.2006 and out of the wedlock of First Party and CRM M-29505-M of 2009 -2- second Party, no issue was born. Due to temperamental differences of both the parties the First Party and Second Party could not live together and residing separately since June 2009. Since then the 2nd party has been living at the aforesaid address with her parents at Chandigarh.
2. That the marriage has been irretrievably broken down and there is no chance for the parties to carry on as husband and wife.
3. That both the parties shall seek dissolution of their marriage by way of mutual consent in District Courts at Mohali.
4. That a case FIR No.191 dated 1.9.2009 under Sections 406/497/498-A/506/509 r/w 120-B IPC was got registered against First Party and four other family members namely (1) Amarinder Kaur Virk w/o Wg Cdr B.S. Virk (2) Amarbir Singh Panjhazari son of Raghubir Singh (3) Ravinder Kaur Panjhazari wife of S. Amarbir Singh Panjhazari (4) Simran d/o Amarbir Panjhazari, on the complaint by the Second party and the said criminal case is pending in the Court of Kiran Bala, SDJM, Derabassi. The First Party has filed quashing petition before the Hon'ble High Court of Punjab and Haryana at Chandigarh and the same is pending adjudication for 31.5.2011. The Second Party has already filed Petition under Section 13 of Hindu Marriage Act and the same is pending adjudication before the court of learned ASJ, Mohali for 21.7.2011.
5. That the parties as per the compromise have mutually CRM M-29505-M of 2009 -3- agreed to convert the above said petition from Section 13 to unde Section 13-B(i) of Hindu Marriage Act.
6. That in view of the compromise, the parties undertake to appear before the Hon'ble High Court and seek quashing of the FIR and all other cases pending between the parties.
7. That one case has been filed by Gaganbir Singh Panjhazari i.e. First party at Superior Court of Justice Ontario, Canada. In view of the present compromise, the First Party has presented a offer to Settle to the Second Party, and the Second Party has signed an acceptance of the Offer to Settle.
The First Party shall submit the accepted Offer to Settle to the Court in Ontario when the First Party returns to Canada.
8. That there is one plot No.3 of Chelmsford Country Club at Gadaipur Mehrauli, New Delhi, which was purchased in the name of Mr. Gurdeep Singh Gill and after his death the same was transferred in the club record in the name of Sh. Indermeet Singh Gill i.e. Father of second party. The said plot was agreed to be transferred in the name of Shankar Puri uncle of Gaganbir Singh i.e. First party. In consideration thereof it was verbally agreed Rs.1,10,00,000/- to be paid by Mr. Shankar Puri to Sh. Gurdeep Singh Gill and now being represented by Mr. Indermeet Si ngh Gill i.e. Father of second party. In view to end the bitterness of relation between the parties, it has also been agreed that Indermeet Singh Gill shall transfer this plot in favour of Shankar Puri for a total consideration of Rs.1,10,00,000/- and shall execute all the documents which are necessary for the said transfer in full CRM M-29505-M of 2009 -4- and final settlement of all claims. Sh. Indermeet Singh Gill shall have prepared all necessary documents to transfer the said plot and have them executed as per the Agreement of Sale. At the time of execution of the same Sh. Indermeet Singh Gill shall execute all the documents which are necessary for the said transfer including execution before the sub-registrar or any other authority by personal presence. A Draft for an amount of Rs.30,00,000/- vide No.006940 dated 31.5.2011 drawn on HDFC Bank has been issued by Shankar Puri and for the remaining payment, a cheque for an amount of Rs.80,00,000/- vide Cheque No.293157 dated 31.5.2011 drawn on Indian overseas Bank Parliament Street, New Delhi, has been handed over and the same shall be duly encashed immediately after the transfer of the abovementioned property in the name of Shanker Puri. The 2nd party will do all needful acts to get the transfer of the property in the name of Shanker Puri.
9. That it has also been agreed that the second party shall not claim any past, present or future interim or permanent maintenance of alimony and all the disputes with regard to any Stri Dhan etc. stands settled. All the parties have further undertaken to withdraw any other civil, criminal or any other complaint in India or abroad against each other and they shall not file in future also any such complaint, suit civil or criminal against each other or their relatives because of the present settlement.
10. That as per the compromise, both the parties have CRM M-29505-M of 2009 -5- agreed that an application for amendment shall be filed to convert the petition under Section 13 of the Hindu Marriage Act to the petition under Section 13-B of the Hindu Marriage Act and the said application shall be filed during the pendency of the above mentioned quashing petition wherein both the parties shall given their statements for dissolution of marriage.
11. That in case any party backs out from this compromise the other party shall be at liberty to initiate legal action available under the law against the party which backs out from this compromise.
In pursuance to the said compromise, the parties are also present in the Court alongwith their respective counsels.
Petitioner No.2 and respondent No.2 have also got their statements recorded separately. Petitioner No.2 has submitted in his statement that the matter has been compromised. He has entered into the said compromise out of his own free will and that the said compromise deed has been signed by him today i.e. 31.5.2011. The same is taken on record as Ex.C-1. In pursuance to the Clause 8 of the said compromise, he handed over a draft bearing No.006940 amounting to Rs.30,00,000/- to the respondent-complainant, who is present in the Court. He further undertakes to withdraw all civil or criminal cases filed by him in India as well as abroad against respondent No.2 and her family as well as to appear before the learned Additional Sessions Judge, Mohali, where the petition under Section 13 of the Hindu Marriage Act is pending and file appropriate application for conversion of the said petition to that of petition under Section 13-B of the Hindu Marriage Act for the dissolution of the CRM M-29505-M of 2009 -6- marriage by way of mutual consent forthwith and also make the statement to the said effect. As per his statement, there is no other claim pending against respondent No.2 or her family and that the compromise was final settlement of all disputes between them.
Respondent No.2 has also made statement to the same effect submitting therein that the matter has been compromised and that she has entered into the said compromise out of her own free will. As per her statement, the said compromise deed has been signed by her today i.e. 31.5.2011 and in pursuance to the Clause 8 of the said compromise, she has received a draft bearing No.006940 amounting to Rs.30,00,000/- from petitioner No.2. She further undertakes to withdraw all civil or criminal cases filed by her in India as well as abroad against the petitioner and his family as also she further undertake to appear before the learned Additional Sessions Judge, Mohali, where the petition under Section 13 of the Hindu Marriage Act is pending and file appropriate application for conversion of the said petition to that of petition under Section 13-B of the Hindu Marriage Act for the dissolution of the marriage by way of mutual consent forthwith and also make the statement to the said effect. As per her statement, there is no other claim pending against petitioner No.2 or his family. Further, the compromise was full and final settlement of all disputes between them. It was further stated by her that she has no objection if the FIR in question is quashed.
In view of the compromise deed taken on record as Exhibit C-I as well as the statements of petitioner No.2 and respondent No.2-Complainant/ Amanat Gill, the Court is satisfied that the compromise is genuine and the parties have finally decided to CRM M-29505-M of 2009 -7- settle their disputes through an amicable settlement.
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 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:-
" 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 non-compoundable 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."
In the case of Madan Mohan Abbot v. State of Punjab 2008(4) S.C. Cases 582, the Apex Court emphasised and advised as under:-
" 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 keeping the matter alive with no possibility of a CRM M-29505-M of 2009 -8- 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."
In view of the above, it is a 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 FIR in the interest of justice.
Accordingly, the present petition is allowed and FIR No.191 dated 1.09.2009 under Sections 406/497/498-A/506/509 read with Section 120-B IPC Police Station Zirakpur, District S.A.S. Nagar, Mohali and all subsequent proceedings arising therefrom are hereby quashed with further directions that:
(i) The parties will be bound by the terms and conditions incorporated above.
(ii)The parties shall not make any further claim against each other.
(iii)The parties shall appear before the learned Additional Sessions Judge, Mohali, on 6.6.2011 where the petition under Section 13 of the Hindu Marriage Act is pending and file appropriate application for conversion of the said petition to that of petition under Section 13-B of the Hindu Marriage Act for the dissolution of the marriage by way of mutual consent forthwith and also make the statement to the said effect.
(iv)The learned Additional Sessions Judge, Mohali, taking into CRM M-29505-M of 2009 -9- consideration that petition under Section 13 of the Hindu Marriage Act is pending for the last one year, petitioner No.2 is resident of Canada, FIR against the petitioners stands quashed in pursuance to the compromise as well as the long drawn litigation between the parties, shall waive of the period of six months required before passing the decree of divorce under Section 13-B of the Hindu Marriage Act.
(v). The parties have agreed that in case either of the parties withdraw from the petition under Section 13-B or do not file the same, the present petition shall stand revived.
Allowed in the above terms.
31.5.2011 ( NIRMALJIT KAUR ) rajeev JUDGE