IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No. M-1538 of 2010 Date of decision:- 08.3.2010 Rajesh Chakrawarty and others ...Petitioners Versus State of Haryana and another ...Respondents CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA Present:- Mr. Kunal Dawar, Advocate for the petitioners. Mr. P.M. Anand, Addl.A.G. Haryana for respondent No.1-State. Mr. Karan Singh, Advocate for respondent No.2. RAM CHAND GUPTA J.(Oral) This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.209 dated 06.11.2008, under Sections 406,498-A and 506 IPC, registered at Police Station Sector Kherki Daula, District Gurgaon (Annexure P-1) on the basis of compromise. I have heard learned counsel for the parties and have gone through the whole record carefully. It has been stated by learned counsel for the parties that the dispute between the parties is of matrimonial in nature and the same has been amicably settled due to intervention of relatives and respectable persons from both the sides and that petitioner No.1 and respondent No.2 have agreed to seek divorce by mutual consent and they have already filed petition under Section 13-B of Hindu Marriage Act for divorce by mutual consent. Respondent No.2 also appeared through counsel and filed short reply by way of affidavit admitting the factum of compromise and Criminal Misc.No. M-1538 of 2010 -2- stated that she is having no objection if the FIR and consequential proceedings are quashed. Reply has been filed on behalf of respondent-State by taking the plea that the offences are non-compoundable. 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 was so held by Full Bench of this Court in the case of Kulwinder Singh vs. State of Punjab, 2007(3) RCR (Crl.) 1052. The dispute between the parties is matrimonial in nature and the same has been amicably settled due to intervention of relatives and respectable persons from both the sides. A petition under Section 13-B of Hindu Marriage Act for divorce (Annexure P-2) has already been filed, wherein terms of compromise have been incorporated. Hence, in view of the above facts, the present petition is accepted and FIR No.209 dated 06.11.2008, under Sections 406,498-A and 506 IPC, registered at Police Station Sector Kherki Daula, District Gurgaon alongwith all consequential proceedings arising therefrom, is quashed. The petition is disposed of. March 08, 2010 ( RAM CHAND GUPTA ) vj JUDGE