IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-32437 of 2009 Date of decision : 12.1.2010 Jagdish Sharma and Others …. Petitioners Versus State of Punjab and another …. Respondents Present: Mr. Vipin Mahajan, Advocate for the petitioners. Mr. K.S. Sidhu, Deputy A.G. Punjab. Smt. Rachna Sharma, respondent No.2 in person. **** S.S. SARON, J. The present petition has been filed by the petitioners seeking quashing of FIR No.50 dated 2.5.2003 (Annexure P1) registered at Police Station Kalanaur, District Gurdaspur for the offences under Sections 498-A, 406 and 323 Indian Penal Code. The marriage between Jagdish Sharma (petitioner No.1) and Smt. Rachna Sharma (respondent No.2) was solemnized on 21.2.2002 according to Hindu rites and ceremonies. One male child was born out of this wedlock. Due to temperamental differences between the husband (petitioner No.1) and wife (respondent No.2), matrimonial disputes arose between them. Respondent No.2 Smt. Rachna Sharma got registered the impugned FIR (Annexure P1). Now the parties have mutually settled their dispute. A compromise dated 6.11.2009 (Annexure P2) has been recorded. In terms of the Crl. Misc. No. M-32437 of 2009 [2] said compromise (Annexure P2), the complainant/respondent No.2 has stated that she has no objection if the impugned FIR (Annexure P1) is quashed. A separate statement of Smt. Rachna Sharma (respondent No.2) has been recorded in Court today in this regard in which she has stated that she has no objection to the quashing of the impugned FIR (Annexure P1). Besides, she has received a sum of Rs.2 lacs in cash and Rs.1 lac is to be received after she makes her statement in proceedings under Section 13-B of the Hindu Marriage Act, 1955 seeking divorce by mutual consent. The statement has been made by the complainant/respondent No.2 of her own free will and without any kind of pressure or undue influence. She has been identified by SI Surinder Kumar, Police Station Kalanaur, District Gurdaspur who is present in Court. Besides, the statement is also attested by Ashwani Kumar, brother of respondent No.2. In B.S. Joshi and others v. State of Haryana and another, (2003) 4 SCC 675 it has held by the Supreme Court that for the purpose of securing the ends of justice, if quashing of FIR becomes necessary, Section 320 of the Code of Criminal Procedure (“CrPC” – for short) would not be a bar to the exercise of power of quashing. Besides, the High Court in exercise of its inherent powers can quash the criminal proceedings or FIR or complaint in the case of a matrimonial dispute and Section 320 CrPC does not limit or affect the powers of the High Court under Section 482 CrPC. In respect of matrimonial cases, it was rather held that it is the duty of the Court to encourage genuine settlements of matrimonial disputes. The matrimonial dispute between petitioner No.1 and respondent No.2 has indeed been amicably settled. Petitioner No.1 Crl. Misc. No. M-32437 of 2009 [3] and respondent No.2 have decided to part their ways and lead their own life. The compromise (Annexure P2) has been entered into by the parties of their own free will. The complainant/respondent No.2 has admitted her signatures on the compromise (Annexure P2) in her statement made today in Court. Therefore, the matrimonial disputes between the parties having been amicably settled in terms of the compromise (Annexure P2), no useful purpose would be served in continuing with the criminal prosecution. In fact there is no opposition to the prayer seeking quashing of the FIR (Annexure P1). Even otherwise, continuation of the proceedings in pursuance of the impugned FIR would be an exercise in futility when the end result is known. In view of the above, the Crl. Misc. petition is allowed and the impugned FIR No.50 dated 02.5.2003 (Annexure P1) registered at Police Station Kalanaur, District Gurdaspur for the offences under Sections 406, 498-A and 323 Indian Penal Code and all subsequent and consequential proceedings arising therefrom shall stand quashed. (S.S. SARON) JUDGE January 12, 2010 amit