In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.2590 of 2009 and Criminal Misc.-M No.33430 of 2008 ..... Date of decision:19.1.2009 Devinder Singh and others .....Petitioners v. State of Punjab and another .....Respondents .... Present: Mr. Navjeet Singh, Advocate for the petitioners. Mr. P.S. Sidhu, Additional Advocate General, Punjab for the respondent-State. Mr. M.S. Virk, Advocate for respondent No.2. ..... S.S. Saron, J. Cr. M. No.2590 of 2009: Reply filed on behalf of respondent No.2 is taken on record. The criminal miscellaneous application stands disposed of. Cr. Misc.-M No.33430 of 2008: This petition under Section 482 of the Code of Criminal Procedure (`Cr.P.C.' - for short) has been filed seeking quashing FIR No.51 dated 17.3.2005 (Annexure-P.1) registered at Police Station Payal, District Ludhiana for the offences under Sections 406, 498-A and 120-B Indian Penal Code on the basis of compromise effected between the parties on 13.12.2008 (Annexure-P.2). The marriage between Devinder Singh (petitioner No.1) and Smt. Daljit Kaur (respondent No.2) was solemnized at Village Jandyali, Cr. Misc. No.2590 of 2009 and Cr. Misc.-M No.33430 of 2008 [2] District Ludhiana on 2.3.1999. There were differences between the parties which resulted in matrimonial dispute. Petitioner No.1 and respondent No.2 have no child out of the wedlock. On account of the dispute that arose the respondent No.2 lodged the FIR dated 17.3.2005 (Annexure-P.1) against her husband (petitioner No.1), mother-in-law (petitioner No.2) and father-in- law (petitioner No.3). Now the parties have decided to amicably part ways and a compromise has been effected between them on 13.12.2008 (Annexure-P.2). The terms of the compromise (Annexure-P.2) inter alia include that respondent No.2 would have no objection if the FIR dated 17.3.2005 (Annexure-P.1) is quashed. Besides, it was decided that respondent No.2 shall be paid an amount of Rs.2 Lacs and that both the parties i.e. petitioner No.1 and respondent No.2 shall file a joint petition seeking divorce by mutual consent. Smt. Daljit Kaur (respondent No.2) is in present in Court and is identified by her counsel Mr. M.S. Virk, Advocate appearing for her. It is stated by Smt. Daljit Kaur (respondent No.2) that she has no objection to the quashing of the FIR against all the petitioners on her receiving the amount of Rs.2 Lacs. Bank Draft No.496759 dated 12.12.2008 drawn on the State Bank of India, Doraha, District Ludhiana which is tendered in Court has been handed over to respondent No.2 and is accepted by her. In view of the fact that the matrimonial dispute between the parties have been amicably settled, in my view, no useful purpose would be served in continuing with the proceedings. Even in the reply filed by respondent No.2 it is accepted that the compromise between the parties has been entered into and all terms and conditions of the same would be Cr. Misc. No.2590 of 2009 and Cr. Misc.-M No.33430 of 2008 [3] followed. It is also stated that respondent No.2 does not want to pursue the FIR. The case is fixed for evidence after framing charge. However, in view of the settlement between the parties further proceedings are liable to be quashed. The Hon'ble Supreme Court in B.S. Joshi and others v. State of Haryana and another, 2003 (2) RCR (Cr.) 888 has held that Section 320 Cr.P.C. does not affect or limit the powers of this Court under Section 482 Cr.P.C. to quash a FIR in matrimonial disputes. Besides, it is held that where matrimonial dispute has been compromised, the FIR may be quashed. Rather, it was emphasized that there should be an endeavour on the part of the Court to encourage genuine settlement of matrimonial disputes. In view of the above, the criminal miscellaneous petition is allowed and the impugned FIR No.51 dated 17.3.2005 (Annexure-P.1) registered at Police Station Payal, District Ludhiana for the offences under Sections 406, 498-A and 120-B IPC and all consequential and subsequent proceedings arising therefrom shall stand quashed. January 19, 2009. (S.S. Saron) Judge *hsp*