IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDGIARH Crl. Misc. No. M- 5526 of 2009 Date of decision: March 25, 2009 Rajesh Kumar Gupta and another …. Petitioners Versus State of Haryana and another …. Respondents Present: Mr. P.K. Sharma, Advocate for the petitioners. Mr. Ajay Singh Ghangas, DAG, Haryana. Mr. Mahesh Goel, Advocate for the complainant/respondent No.2. *** S.S. SARON, J. The present petition under Section 482 of the Code of Criminal Procedure (“CrPC” – for short) has been filed seeking quashing of FIR No.87 dated 12.8.2002 (Annexure P1) registered at Police Station Kalka, Distt. Panchkula for the offences under Sections 406, 498-A and 120-B Indian Penal Code (“IPC”- for short) and all consequential proceedings arising therefrom on the basis of mutual agreement/compromise dated 27.1.2009 (Annexure P-2). Mr. Mahesh Geol, Advocate has put in appearance for respondent No.2 along with respondent No.2 in person. The Vakalatnama filed in Court today is taken on record. It is stated by respondent No.2 that she has no objection to the quashing of the impugned FIR as the matrimonial dispute has been amicably settled. Learned counsel for the parties have stated that a joint petition under Section 13-B of the Hindu Marriage Act, 1955 has been filed seeking dissolution of the marriage solemnized between respondent No.2 and petitioner No.1. Crl. Misc. No. M- 5526 of 2009 [2] Learned counsel for the State has submitted that in case the matrimonial dispute has been amicably settled, the State would have no serious objection to the quashing of the FIR in view of the judgment of the Supreme Court in B.S. Joshi and others v. State of Haryana and another, (2003) 4 SCC 675 wherein it was held that in respect of matrimonial disputes, there should be an effort to encourage genuine settlements. Besides, it was held that quashing of criminal proceedings or FIR in the cases of matrimonial dispute is permissible and Section 320 CrPC does not limit or affect the powers of the High Court under Section 482 CrPC. Thus the High Court in exercise of its inherent power can quash the criminal proceedings or FIR or complaint in the case of a matrimonial dispute. In the present case, the matrimonial dispute having been amicably settled, no useful purpose would be served in continuing with the criminal prosecution. After giving my thoughtful consideration to the matter, it may be noticed that the matrimonial dispute between the parties has been amicably settled in terms of the compromise which has been placed on record as Annexure P2. Therefore, in view of the judgment of B.S. Joshi’s case (Supra), the impugned FIR is liable to be quashed. In view of the above, the Crl. Misc. petition is allowed and FIR No.87 dated 12.8.2002 (Annexure P1) registered at Police Station Kalka, Distt. Panchkula for the offences under Sections 406, 498-A and 120-B IPC and all consequential and subsequent proceedings arising therefrom shall stand quashed. (S.S. SARON) JUDGE March 25, 2009 amit