High Court Punjab-Haryana High Court

Rajit Singh And Others vs State Of Haryana And Another on 1 September, 2009

Punjab-Haryana High Court
Rajit Singh And Others vs State Of Haryana And Another on 1 September, 2009
Crl. Misc. No.M-22185 of 2009                                   -1-

     IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

                            Crl. Misc. No.M-22185 of 2009
                            Date of decision:01.09.2009


Rajit Singh and others                        ....Petitioners


                                  versus


State of Haryana and another                        .....Respondents

Coram:- HON’BLE MR. JUSTICE L. N. MITTAL.

Present: Mr. A. S. Virk, Advocate for the petitioners.

Mr. Pardeep Virk, DAG, Haryana for
for respondent No.1.

Mr. Vivek Goel, Advocate for respondent No.2.

L. N. MITTAL, J (ORAL)

Rajit Singh and his parents Rambir Singh and Bimlesh

have filed this petition under Section 482 of the Code of Criminal

Procedure (in short Cr.P.C) for quashing of FIR No.177 dated

09.05.2008 under Sections 498-A, 406 and 420 of the Indian Penal

Code (IPC) registered at police station, City Thanesar, Distt.

Kurukshetra (Annexure P-1), in view of compromise effected with

complainant-respondent No.2 in Mediation and Conciliation Centre,

Karnal vide statement (Annexure P-3).

Learned counsel for complainant-respondent No.2 states

that parties have effected compromise vide statement (Annexure P-

3) and, therefore, complainant-respondent No.2 has no objection, if

the impugned FIR is quashed.

I have heard learned counsel for the parties and perused
Crl. Misc. No.M-22185 of 2009 -2-

the case file.

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 particularly so in cases

arising out of matrimonial disputes. It was so held by Full Bench of

this Court in the case of Kulwinder Singh Vs. State of Punjab 2007

(3) Law Herald (Punjab & Haryana) 2225. In the instant case, the

FIR arose out of matrimonial dispute. The said dispute has been

settled. Grievance of respondent No.2 has been satisfied by way of

settlement wherein a sum of Rs.2,00,000/- has already been paid to

respondent No.2 and Bank draft for Rs.11,00,000/- have been

deposited with District Court for payment to respondent No.2 on

passing of decree of divorce by mutual consent. It is, therefore, a fit

case in which FIR should be quashed.

In view of the aforesaid, the instant petition is allowed and

impugned FIR No.177 dated 09.05.2008 under Sections 498-A, 406

and 420 IPC registered at police station, City Thanesar, Distt.

Kurukshetra (Annexure P-1) is quashed along with all consequential

proceedings arising therefrom.

( L. N. MITTAL )
JUDGE

01.09.2009
A.Kaundal