‘No purpose will be served by forcing them to grind stone of trial’: HC while quashing FIR in matrimonial dispute as parties reach compromise

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LE Staff

Chandigarh, August 20, 2021: The Punjab and Haryana High Court has allowed a petition seeking quashing of the FIR filed in a matrimonial case after the husband and wife reached a compromise and decided to part ways. 

This petition was for quashing of FIR dated December 9, 2020 under Sections 341, 323, 148 and 149 IPC registered at Police Station Barnala, District Barnala, Punjab. The quashing was sought on the basis of compromise dated June 29, 2021.

The High Court noted that the FIR was a result of a matrimonial dispute and that during the pendency of the dispute the parties have compromised the matter, decided to part their ways and move ahead in their respective lives. 

The HC also noted that the report received from the trial court stated that the compromise was genuine, without any pressure and without any coercion or undue influence. It was also stated in the report that no accused has been declared proclaimed offender.

The Bench of Justice Avneesh Jhingan cited the Supreme Court’s judgement in Jitendra Raghuvanshi  v. Babita Raghuvanshi which held that “it is the duty of the courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase”.

Even if the offences are non-compoundable, if they relate to matrimonial disputes and the court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, Section 320 of the Code would not be a bar to the exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings,” the SC had said in the Jitendra Raghuvanshi (supra) case, the HC pointed out

“The litigation was result of a dispute between husband and wife who have decided to part their ways by dissolving their marriage. No useful purpose would be served by forcing them into a grinding stone of trial, it would not only affect their future but would create future complications in their lives,” noted the HC Bench of Justice Jhingan.

“To meet the ends of justice, the FIR mentioned above and any consequential proceedings are quashed,” the HC said.

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