- Court
- High Court of Punjab and Haryana
- Decided
- 30 April 2024
- Bench
- Sumeet Goel
- Case no.
- CRM-M 51777/2019
Judgment
SUMEET GOEL, J. (Oral)
1. The present petition has been filed under Section 482 of Code of Criminal Procedure, 1973 by the petitioners for quashing of FIR No.102 dated 12.08.2016 (Annexure P-1) registered for the offences punishable under Sections 406/498-A of IPC at Police Station Women, District Jalandhar, which was got lodged by respondent No.2 (herein)-wife as also all subsequent proceedings emanating therefrom on the basis of mutual agreement/settlement dated 05.11.2019 entered into between the petitioner No.1-husband and respondent No.2-wife. The allegations in the FIR primarily relate to the allegations of harassment on account of dowry and Istridhan related criminal breach of trust. The relevant part of compromise/settlement deed dated
05.11.2019 entered into between the petitioner-husband and respondent No.2-wife (copy whereof has been appended as Annexure P-2) reads as under:- "1. That first party shall pay Rs. 3 lac as permanent past and future alimony to the second party. Out of said Rs. 3 lacs, the first party shall pay Rs. 1.50 lac to the Second party at the time of recording of statement of first motion of divorce u/s 13-B of Hindu Marriage Act, to be filed at AJAY KUMAR I attest to the accuracy and Jalandhar. Balance amount of Rs.1.50 lac shall be paid at the time of CRM-M-51777-2019 2
recording of statement of second motion u/s 13-B of HMA After the payment of permanent alimony of Rs. 3 lac all claims of any nature of second party against first party or his family shall stand fully satisfied. The second party has received all her valuables/jewellery/belongings etc. from first party.
2. That second party has no objection if the FIR No. 102 dated 12-08-2016 u/s 406/498-A, PS Women Cell, Jalandhar, against Jatinder Singh and Resham Singh is quashed. The second party remains bounded to give no objection before the Hon'ble Trial Court or Hon'ble High Court or Duty Magistrate for quashing the said FIR. The second party assures to render all assistance and take steps for quashing of the said FIR.
3. That both the parties to the compromise shall be free to remarry after divorce. 4 That both the parties to the compromise have assured each other that no further case/claim/petition in any court of law, authority, police station or any other department shall be filed, enforced or proceeded with.
5. That the parties to this compromise have agreed and affirmed that hereinafter the parties shall not litigate in relation to the marriage, any more. There shall not subsist any case from either side any where filed by any of the parties on matrimonial dispute, either in past, present and future.
6. That in case the first party resiles from this deed of compromise and in that even the amount given by the first party to the second party shall be forfeited and in case the second party resiles from this deed of compromise the second party remains bounded to give double the amount received from first party. 7 That the above said compromise deed has been executed between the parties out of their free will, without any pressure from any side and parties will remain bound with the terms conditions of the agreement."
2. Notice of motion of the instant petition was issued on
05.12.2019. Service was effected upon respondent No.2 but she has chosen to remain unrepresented.
3. Learned counsel for the petitioners has argued that the entire dispute(s) between the petitioner-husband and the respondent No.2-wife was amicably settled & the petitioner-husband has fulfilled in entirety requirement(s)/condition(s) on his part as per the terms of the settlement/compromise deed dated 05.11.2019. It has been further submitted AJAY KUMAR CRM-M-51777-2019 3
that the respondent No.2-wife has received from the petitioner-husband a total sum of Rs.3.00 lacs as full and final settlement amount. Learned counsel has further submitted that a mutual consent divorce decree has also been passed by the Additional Principal Judge, Family Court, Jalandhar on
05.08.2020. Learned counsel has thus argued that, respondent No.2-wife is now intentionally not turning up to have her requisite statement recorded for quashing of the impugned FIR in terms of the compromise/settlement entered into between the parties, only with a view to harass the petitioners as also to prolong the litigation. Thus, it has been argued that the FIR in question as also all proceedings emanating therefrom deserve to be quashed.
4. Learned State counsel has not denied the factual aspects raised by learned counsel for the petitioners. Learned State counsel has further submitted that, as per his instructions, the compromise/settlement (Annexure P-2) was, infact, entered into between the petitioner-husband and respondent No.2-wife.
5. I have heard learned counsel for the parties and have perused the record.
6. It would be apposite to refer herein to a judgment of this Court passed in CRM-M-40359-2022 titled as Deepak vs. State of Haryana and another, decided on 29.04.2024; relevant whereof reads as under:- "8. Though Section 498-A was brought into the IPC, by way of an amending act of 1983, with the salutary objective of curbing the evil of dowry, but judicial experience evinces that this provision along with Section 406 of IPC is being heavily misapplied by the complainant-wife to settle score(s) with her husband and his family members. This Court in the case of Varun Sharma (supra) has held that, it has been noticeable in several cases, that the wife tends to initiate criminal proceedings under Section 498-A of IPC against her husband as also his relatives, as a means of a 'solution seeking redressal mechanism' rather than actually seeking to criminally prosecute them. On numerous occasions an AJAY KUMAR individual wail does not ensue due to a vengeful proclivity or anger, but owing to CRM-M-51777-2019 4
distressing disappointment endured by a discontented spouse (wife, in the present case), in securing a copacetic solution of the matrimonial discord. The predicament of such a discontented partner (wife) is exacerbated when she is mentally/emotionally enervated due to, inter alia, an acceptable solution not seemingly forthcoming, as a result resorting to actuating a torsion of criminal prosecution. Yet, the abovesaid cannot be stated to be true in all the cases. Nevertheless, the fact remains, that the above-said situation is true for a large volume of cases being preferred in the Court(s). Ergo, the Courts ought to be prudent and cautious in dealing with such cases and must take into consideration all the pragmatic realities while evaluating the matrimonial discord related criminal cases. The Courts cannot be oblivious to countenancing the pragmatic and realistic necessities of time. The High Court, while exercising inherent and intrinsic powers under Section 482 of Cr.P.C. of 1973; ought to countenance the tangible and concrete realities and cannot engirth itself in an ivory tower.
8.1 It has been observed, inveterately, that a wife after having entered into a willful and valid compromise/settlement with the accused-husband and/or his family members, tends to reap all the benefits thereof and, thereafter, does not step forward for undertaking the necessary steps towards having the FIR in question quashed. The Hon'ble Supreme Court in cases of Ruchi Agarwal (supra) and Mohd. Shamim (supra) have extensively dealt with such like situation(s) & has enunciated that once the wife has reaped the benefit, she sought without contest on the basis of terms of such a compromise, it can be readily and unequivocally deciphered that conduct of such a wife in adopting dilatory tactics is only aimed at causing harassment to the husband/his family members. It is a settled cannon of our jurisprudence that credibility in the functioning of the justice delivery system and the reasonable perception of the affected parties are, but of-course, relevant considerations to ensure the continuation of public confidence in the credibility as also majesty of our jurisprudential set-up. Needless to say that faith of people in the efficacy of law is; saviour and succour for the sustenance of the rule of law.
8.2 The essential question that next arises is as to whether the High Court, by way of exercising of powers under Section 482 of Cr.P.C., can quash such an FIR (as also proceedings arising therefrom) in such a situation as was before Hon'ble Supreme Court in cases of Ruchi Agarwal (supra) and Mohd. Shamim (supra). The nature, scope and ambit of powers of the High Court under Section 482 of Cr.P.C., 1973 have been copiously delineated in the case of Talima (supra). The essential postulate that emerges is that the High Court; in its inherent jurisdiction under Section 482 of Cr.P.C.; has unbridled, unfettered and plenary powers. The only restriction on exercise of such powers is self restraint. Further, the nature, mode and extent of exercise of such intrinsic powers by the High Court depend upon the judicial AJAY KUMAR CRM-M-51777-2019 5
discretion required to be wielded by a High Court in the facts and circumstance of a given case.
8.3 The Hon'ble Supreme Court in the case of Mahmood Ali case (supra) has held that in case of vexatious or malicious proceedings, the High Court is saddled with a bounden duty to look into the attending circumstances as also can even go on to read between the lines, while considering a plea for quashing of an FIR (as also all proceedings arising therefrom). It is hence ineluctable that ends of justice are higher than ends of mere law though justice ought to be administered according to laws made by the legislature. Accordingly; the High Court in exercise of its inherent powers under Section 482 of Cr.P.C. of 1973; can even well "read between the lines" as also examine the "attending circumstances" in a case if its facts/circumstances so warrant.
9. As a sequel to above discussion, the following principles emerge: I.(i) In an FIR, arising from matrimonial related dispute, where the complainant/wife has reaped the benefits of a compromise/settlement & nothing more is required to be done by the accused-side/husband then such FIR (as also proceedings emanating therefrom) deserves to be quashed.
(ii) In a case of above kind; the complainant/wife may, but of-course, raise plea(s) that such compromise/settlement was a result of fraud/coercion/duress etc. However, such plea(s) ought to be substantiated by tangible material and merely bald assertion in that regard would not suffice. Furthermore, before allowing the wife to raise such a plea(s), the Court may also consider directing the complainant/wife to return the financial benefit(s) received in pursuance of such compromise/settlement. II. In a case where the accused side/husband has undertaken some steps, in terms of as also in furtherance, of the compromise/settlement & such accused are willing to undertake all further/remaining act(s), as required in terms of such compromise/settlement; the High Court will be well within its jurisdiction, under Section 482 of Cr.P.C. of 1973, to favorably consider such quashing petition upon the further/remaining act(s) being so undertaken by the accused side/husband. III. No comprehensive/exhaustive guidelines can possibly be laid-down in this regard as every case has its own unique factual conceptus. Needless to state that the High Court may exercise its intrinsic powers under Section 482 of Cr.P.C. of 1973 as called for in the facts/circumstance of a particular case."
7. As per the case pleaded by the petitioners, a compromise deed/agreement dated 05.11.2019 was entered into between the petitioner-I attest to the accuracy andhusband and respondent No.2-wife. Acting upon the said CRM-M-51777-2019 6
settlement/compromise, the respondent No.2-wife has received a sum of Rs.3.00 lacs (towards her entire maintenance/permanent alimony) from petitioner-husband and a decree of divorce (on account of mutual consent) has also since been passed by the concerned Family Court. It, accordingly, is indubitable that respondent No.2-wife has reaped all benefits from the compromise/settlement deed in question and a decree of divorce (by way of mutual consent) also stands passed.
7.1 The above said factual matrix clearly reflects that the continuation of proceedings in the impugned FIR is nothing but sheer abuse of process of law and Courts. Nothing except harassment would be caused to the petitioners in case the proceedings in pursuance of the impugned FIR are permitted to continue. This Court, especially while exercising its inherent powers under Section 482 of Cr.P.C. of 1973, cannot be expected to turn Nelson's eye to the vexatious and virulent attempt(s) by unscrupulous elements in misusing the process of law in Courts. Hence, it would be expedient in the interest of justice that the impugned FIR (as also the proceedings emanating therefrom) are quashed.
7.2 Before parting with this judgment, it is pertinent to note that the conduct of respondent No.2-wife is inexplicable in terms of bona fide. Any attempt to misuse the process of law/Courts ought to be detested. The feeling of rancor or bitterness cannot be permitted to be genesis for procrastinating the culmination of legal proceedings especially when settlement/compromise has been arrived at between the rival parties. Abhorrence of such attempt(s) is pertinent. Ergo, the respondent No.2-wife deserves to be saddled with costs, which essentially ought to be in the nature of veritable real time costs. Decision AJAY KUMAR 2024.05.01 16:03 8. In view of the above, it is directed as follows: CRM-M-51777-2019 7
(i) The impugned FIR No.102 dated 12.08.2016 (Annexure P-1) registered for the offences punishable under Sections 406/498-A of IPC at Police Station Women, District Jalandhar as also all proceedings emanating therefrom are quashed.
(ii) The respondent No.2-wife is saddled with costs of Rs.20,000/- which shall be deposited by her with Chief Judicial Magistrate (CJM), Jalandhar within four weeks from today. In case such costs are deposited; CJM, Jalandhar shall have the same remitted to Punjab State Legal Services Authority, Mohali. In case, the said costs are not deposited by respondent No.2-wife as directed for; the CJM, Jalandhar is directed to intimate the Deputy Commissioner, Jalandhar who shall have such costs recovered from respondent No.2-wife as arrears of land revenue and upon realization thereof, the Deputy Commissioner, Jalandhar shall have the same submitted to CJM, Jalandhar, for further remittance thereof to Punjab State Legal Services Authority, Mohali. A compliance report be sent by CJM, Jalandhar as also Deputy Commissioner, Jalandhar to this Court accordingly.
(iii) Registry is directed to transmit a copy of this judgment to respondent No.2-wife; CJM, Jalandhar as also Deputy Commissioner, Jalandhar for requisite compliance.
(SUMEET GOEL) JUDGE
April 30, 2024 Ajay
Case details
Parties and counsel
CRM-M-51777-2019 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 235 CRM-M-51777-2019 Date of decision: 30.04.2024 Jatinder Singh and another ....Petitioners V/s State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Ankush Rampal, Advocate for the petitioners. Mr. Anup Singh AAG Punjab. None for respondent No.2. *****
Source: High Court of Punjab and Haryana, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.