Criminal Misc. No. M-12957 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-12957 of 2011 Date of decision:-17.5.2011 Mohan Singh ...Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. H.S. Thiara, Advocate for the petitioner. Mr. Guninder S. Brar, AAG Punjab for respondent No.1-State. Mr. Amandeep Singh Sandhu, Advocate for respondent No.2. RITU BAHRI J.(Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing the FIR No. 92 dated 24.12.2008 under Section 498-A IPC, registered at Police Station Bullowal, District Hoshiarpur (Annexure P-1) on the basis of compromise. As per FIR, the complainant had caught fired all of a sudden when she was working in kitchen and she got registered the present FIR against her father-in-law. After registration of FIR during the pendency of the trial, the parties have entered into compromise and the complainant does not wish to pursue with the proceedings as she is still residing with her husband. Counsel for the petitioner referred to affidavit of complainant (Annexure P-2) where she has stated that nobody was involved in the incident when she caught fired in the kitchen and she had initiated this FIR against her father-in-law by mistake. She Criminal Misc. No. M-12957 of 2011 -2- has given this affidavit without any pressure. Original compromise in the shape of affidavit (Annexure A-1) is taken on record. Respondent No.2-complainant is present in the court, identified by her counsel and placed on record her short reply by way of affidavit. As per this affidavit, complainant has compromised the matter and the parties have no grudge against each other. Complainant has no objection if the FIR in question is quashed qua petitioner. In view of the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007 (3) RCR (Crl.) 1052 and in view of the judgment of the Supreme Court in case of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another 2008(2) RCR (Criminal) 910 has examined a case where quashing was sought of an FIR under Section 498-A IPC being non-compoundable. The Hon'ble Supreme Court has held that :- “Learned counsel for the parties submitted that the parties have settled their differences. It was submitted on behalf of the complainant Smt. Sadhna Madnawat that she is not interested in prosecuting the appellants. It may be pertinent to mention that the parties hail from cultured and educated families. It was also submitted that the appellant's parents are suffering from multiple ailments because of advanced age. The appellant's father is a retired Professor and Dean, Veterinary College, Mathura and he had undergone transplant of his kidney and the appellant's mother is suffering from multiple ailments and is virtually bed-ridden.” Consequently, in view of the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and others vs. State of Punjab and Criminal Misc. No. M-12957 of 2011 -3- another (supra) and in view of the judgment of the Supreme Court in case of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another (supra), FIR No. 92 dated 24.12.2008 under Section 498-A IPC, registered at Police Station Bullowal, District Hoshiarpur, is quashed with all consequential proceedings arising therefrom qua petitioner. The petition stands disposed of. May 17, 2011 ( RITU BAHRI ) Vijay Asija JUDGE