Crl. Misc. No. M-21248 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : Crl. Misc. No. M-21248 of 2009
Date of Decision : September 05, 2009
Najar Singh .... Petitioner
Vs.
State of Punjab and another .... Respondents
CORAM : HON’BLE MR. JUSTICE L. N. MITTAL
* * *
Present : Mr. S. S. Rana, Advocate
for the petitioner.
Mr. Gaurav Garg Dhuriwala, AAG, Punjab
for respondent no. 1.
Ms. Nitika Swaroop, Advocate
for respondent no. 2.
* * *
L. N. MITTAL, J. (Oral) :
Najar Singh has filed this petition under Section 482 of the
Code of Criminal Procedure (in short – Cr.P.C.) for quashing of FIR No.105
dated 30.05.2006, under Sections 498-A, 494, 120-B of the Indian Penal
Code (in short – IPC), registered at Police Station Salem Tabri, District
Ludhiana (Annexure P-1) along with all consequential proceedings, in view
of compromise effected with complainant-respondent no.2, who has
furnished her affidavit (Annexure P-3) regarding the compromise.
Learned counsel for complainant-respondent no.2, after seeking
Crl. Misc. No. M-21248 of 2009 2
instructions from complainant-respondent no.2, who is also present in
person in the Court, states that the parties have effected compromise and
respondent no. 2 has furnished affidavit Annexure P-3 regarding the
compromise and therefore, respondent no.2 has no objection to the quashing
of the impugned FIR.
In appropriate cases, FIR can be quashed on the basis of
compromise by exercising power under Section 482 Cr.P.C., even if the
offences are not compoundable. It is more so in cases arising out of
matrimonial dispute. It has been so held by a Full Bench of this Court in
case of Kulwinder Singh vs. State of Punjab reported as 2007 (3) Law
Herald (Punjab and Haryana) 2225.
In the instant case, the impugned FIR was lodged on account of
marital discord between the petitioner and respondent no.2. The said
dispute has been settled amicably and marriage between petitioner and
respondent no. 2 has already been dissolved by judgment and decree of
divorce by mutual consent dated 07.10.2008 (Annexure P-2). The parties
are left with no grievance against each other. It is, accordingly, a fit case in
which FIR should be quashed.
In view of the aforesaid, the instant petition is allowed and
impugned FIR No.105 dated 30.05.2006, under Sections 498-A, 494,
120-B IPC, registered at Police Station Salem Tabri, District Ludhiana
(Annexure P-1) is quashed, along with all consequential proceedings arising
therefrom.
September 05, 2009 ( L. N. MITTAL ) monika JUDGE