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No.M-8757 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
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No.M-8757 of 2014 Date of Decision: 25.07.2014 Gulshan Kumar and others ....Petitioners Versus State of Haryana and another ....Respondents BEFORE :- HON'BLE MRS.JUSTICE DAYA CHAUDHARY Present:- Mr.Viney Saini, Advocate for the petitioneRs.Mr.Pradeep Virk, D.A.G., Haryana for the respondent-State.
Mr.Ankit Aggarwal, Advocate for respondent No.2.
***** DAYA CHAUDHARY, J.
PetitioneRs.namely Gulshan Kumar, Kundal Lal, Tarun Kumar and Tamanna are accused in case FIR No.64 dated 14.02.2011 registered under Sections 498-A/506/323 read with Section 34 IPC at Police Station Ambala City.
Petitioner no.1 is husband, petitioner No.2 is father-in-law, petitioner No.3 is brother-in-law (jeth) and petitioner No.4 is sister-in-law (jethani) of the complainant-respondent No.2.
The marriage between petitioner No.1 and respondent No.2 was solemnized on 25.11.2000.
However, out of the said wedlock, two children were born but subsequently, due to temperamental differences, both the parties could not live together and started living separately since 14.02.2011.
Complainant-respondent Kaur Gurpreet 2014.07.30 13:32 I attest to the accuracy and integrity of this document Crl.
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No.M-8757 of 2014 2 No.2 made a complaint, on the basis of which, an FIR, in dispute was registered against the present petitioneRs.During pendency of the proceedings, the parties settled their dispute with the intervention of relatives.
It was settled between the parties that the petitioner No.1 and respondent No.2 would obtain decree of divorce on the basis of mutual consent and the petitioner No.1 will pay a sum of ` 7,50,000/- as permanent alimony and both the children will remain with complainant-respondent No.2.
The petitioners have approached this Court by way of filing the present petition for quashing of FIR, in dispute, on the basis of compromise.
While issuing notice of motion on 11.03.2014, the directions were also issued to the parties to appear before the trial Court for recording of their respective statements with regard to compromise and the trial Court was also directed to send its report along with statements of the parties.
However, in compliance of said directions of this Court, the statements of all the parties were recorded before the trial Court, wherein, the factum of compromise was affirmed.
The complainant-respondent No.2 -wife has also specifically stated in her statement that she has no objection in quashing of FIR registered against the petitioneRs.As per report sent by the trial Court, the compromise is genuine and the statements made by the parties are as per their own free will.
The copy of compromise with certain terms and conditions has also been placed on record, which has duly been signed by petitioner No.1-husband and complainant/respondent No.2-wife.
Since the dispute between the parties has been settled by way of compromise and the complainant has no objection in quashing of the proceedings and moreover, no purpose would be served, in case, the Kaur Gurpreet 2014.07.30 13:32 I attest to the accuracy and integrity of this document Crl.
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No.M-8757 of 2014 3 proceedings are allowed to be continued as ultimate result would be acquittal as the complainant is not going to support the case of the prosecution because of compromise, the continuation of the proceedings would be an exercise in futility which will not only amount to wastage of valuable time of the Court but it would not be in the interest of both the parties also.
The continuation of the proceedings would be abuse of process of Court and the same would not be in the interest of justice.
This Court has power to quash the proceedings on the basis of compromise.
Powers under Section 482 Cr.P.C have been designed to achieve that the proceedings may not be permitted to degenerate into a weapon of harassment or prosecution as has been held by Hon'ble the Apex Court in case State of Karnataka vs L.
Muniswami AIR1977SC1489 It has been observed by Hon'ble the Apex Court that though justice has to be administered according to the laws made by the legislature yet the Court proceeding ought not to be permitted to degenerate into a weapon of harassment or prosecution.
The relevant observations of made therein are reproduced as under :- “ In the exercise of this wholesome power, the High Court is entitled to quash the proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the Court or that the ends of justice require that the proceeding ought to be quashed.
The saving of the High Court's inherent poweRs.both in civil and criminal matters is designed to achieve that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or prosecution.
In a criminal case, the veiled object behind a lame prosecution, the very nature of the material on which the structure of the prosecution rests and the like would justify the High Court in quashing the proceedings in the interest of Kaur Gurpreet 2014.07.30 13:32 I attest to the accuracy and integrity of this document Crl.
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No.M-8757 of 2014 4 justice.
The ends of justice are higher than the ends of mere law though justice has not to be administered according to the laws made by the legislature.
The compelling necessity for making these observations is that without a proper realization of which seeks to save the inherent powers of the High Court to do so justice between the State and its subjects it would be impossible to appreciate the width the contours of that salient jurisdiction.”
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A larger Bench of this Court in Kulwinder Singh vs State of Punjab 2007(3) RCR Criminal 1052 has also observed that the proceedings can be quashed even in case of non-compoundable offences, in case, the compromise is there between the parties.
The observations of this Court are reproduced as under :- “ Criminal Procedure Code, Section 320(9) – Criminal Procedure Code, Section 482 – Compounding of offences which are non-compoundable under Section 320(9) Cr.P.C.- Offence non-compoundable, but parties entering into compromise-High Court has power under Section 482 Cr.P.C allow the compounding of non- compoundable offence and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of any court or to otherwise secure the ends of justice – This power of quashing is not confined to matrimonial disputes alone....”
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In the present case, the dispute between the parties is matrimonial and the same is not against the Society.
On the basis of compromise, the marriage between the parties has also been dissolved.
In case of matrimonial dispute, because of strained relations, multiple litigation is there between the parties.
Sometimes not only the strained relations are there between husband and wife but other family members and also the distant relations are implicated.
Sometimes tendency of false Kaur Gurpreet 2014.07.30 13:32 I attest to the accuracy and integrity of this document Crl.
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No.M-8757 of 2014 5 implication is also there because of the strained relations.
Even after acquittal by the Courts, some impressions are there on the parties which not only affect their future prospects but the bitterness becomes a part of life.
Hon'ble the Apex Court has observed in judgment Preeti Gupta and another vs State of Jharkhand and another 2010(7) SCC667as under :- “30.
It is a matter of common experience that most of these complaints under section 498-A IPC are filed in the heat of the moment over trivial issues without proper deliberations.
We come across a large number of such complaints which are not even bona fide and are filed with oblique motive.
At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern.
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The learned members of the Bar have enormous social responsibility and obligation to ensure that the social fiber of family life is not ruined or demolished.
They must ensure that exaggerated versions of small incidents should not be reflected in the criminal complaints.
Majority of the complaints are filed either on their advice or with their concurrence.
The learned members of the Bar who belong to a noble profession must maintain its noble traditions and should treat every complaint under section 498-A as a basic human problem and must make serious endeavour to help the parties in arriving at an amicable resolution of that human problem.
They must discharge their duties to the best of their abilities to ensure that social fiber, peace and tranquility of the society remains intact.
The members of the Bar should also ensure that one complaint should not lead to multiple cases.
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Unfortunately, at the time of filing of the complaint the implications and consequences are not properly visualized by the complainant that such complaint can lead to insurmountable harassment, agony and pain to the complainant, accused and his close relations.
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No.M-8757 of 2014 6 33.
The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent.
To find out the truth is a herculean task in majority of these complaints.
The tendency of implicating husband and all his immediate relations is also not uncommon.
At times, even after the conclusion of criminal trial, it is difficult to ascertain the real truth.
The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases.
The allegations of harassment of husband's close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion.
The allegations of the complaint are required to be scrutinized with great care and circumspection.
Experience reveals that long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties.
It is also a matter of common knowledge that in cases filed by the complainant if the husband or the husband's relations had to remain in jail even for a few days, it would ruin the chances of amicable settlement altogether.
The process of suffering is extremely long and painful.
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Before parting with this case, we would like to observe that a serious re-look of the entire provision is warranted by the legislation.
It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints.
The tendency of over implication is also reflected in a very large number of cases.
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The criminal trials lead to immense sufferings for all concerned.
Even ultimate acquittal in the trial may also not be able to wipe out the deep scars of suffering of ignominy.
Unfortunately a large number of these complaints have not only flooded the courts but also have led to enormous social unrest affecting peace, harmony and happiness of the society.
It is high time that the legislature must take into consideration the pragmatic realities and make suitable changes in the existing law.
It is imperative for the legislature to take into consideration Kaur Gurpreet 2014.07.30 13:32 I attest to the accuracy and integrity of this document Crl.
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No.M-8757 of 2014 7 the informed public opinion and the pragmatic realities in consideration and make necessary changes in the relevant provisions of law.
We direct the Registry to send a copy of this judgment to the Law Commission and to the Union Law Secretary, Government of India who may place it before the Hon'ble Minister for Law & Justice to take appropriate steps in the larger interest of the society.”
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In view of the above, the present petition is allowed and FIR No.64 dated 14.02.2011 registered under Sections 498-A/506/323 read with Section 34 IPC at Police Station Ambala City along with all subsequent proceedings arising therefrom, are quashed qua petitioneRs.Gulshan Kumar, Kundan Lal, Tarun Kumar and Tamanna.
(DAYA CHAUDHARY) 25.07.2014 JUDGE gurpreet Kaur Gurpreet 2014.07.30 13:32 I attest to the accuracy and integrity of this document