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