CRM-M NO.27161 of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M NO.27161 of 2008 Date of decision:01.04.2009 Malkiat Singh and others ......Petitioners Versus State of Punjab and another ......Respondents Before: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. M.S.Sidhu, Advocate for the petitioners. Mr. C.S.Brar, DAG, Punjab, for respondent no. 1. Mr.Vivek Goyal, Advocate for respondent no. 2. RAJIVE BHALLA, J.(Oral) Prayer in this petition, filed under Section 482 of the Code of Criminal Procedure, is for quashing of FIR No. 103, dated 9.09.2002, registered under Sections 406, 498-A, 323, 324 read with Section 34 of Indian Penal Code, at Police Station Guru Harsahai, District Ferozepur, and all subsequent proceedings emanating therefrom. Counsel for the petitioners submit that with the intervention of the respectables and relatives, the dispute between the petitioners and the complainant-respondent no. 2 have been settled amicably. Respondent no. 2 has sworn an affidavit dated 18.05.2007, admitting that she has received the articles of dowry and nothing is due to her. She has also stated, in the settlement, that she has received permanent alimony and would not file any case against her husband or his family members. The original compromise, 1 CRM-M NO.27161 of 2008 Annexure P-‘3’ is duly signed by respondent no. 2. On the basis of the compromise petitioner no. 1 and respondent no. 2 has been granted a decree of divorce by the District Judge, Ferozepur, on 3.12.2007. Criminal Misc. No.M-44322 of 2007, a joint petition for quashing of the FIR was filed but as respondent no.2 could not put in appearance, the petition was dismissed with liberty to file a fresh petition. Respondent no. 2, Chhinder Pal Kaur is present in Court and has been duly identified by her counsel. She states that in case the petitioners are ready to withdraw their criminal complaint filed under Sections 406, 420, 120-B of Indian Penal Code pending in the Court of learned Additional Chief Judicial Magistrate, Ferozepur, she has no objection to the acceptance of the present petition. Counsel for the petitioners on, instructions from the petitioners submits that they would withdraw the aforementioned complaint within two months of this order. In view of this statement, respondent no. 2, states that she has no objection to the quashing of the FIR and would also withdraw a Civil suit, filed by her as a guardian of her minor son, which is pending in the Court of learned Civil Judge Senior Division, Ferozepur. In view of the aforementioned statements, counsel for the petitioners and respondent no. 2 jointly pray that as parties have finally resolved all their disputes, they have no objection, if the FIR and all subsequent proceedings arising therefrom are quashed. Counsel for the State of Punjab submits that as the parties have entered into a compromise, the State does not oppose the prayer for quashing of the FIR and subsequent proceedings arising therefrom. I have heard learned counsel for the parties, perused the compromise, have considered the statements and am satisfied that the petitioners and the complainant have arrived at a bonafide compromise without any fraud, coercion or undue influence. 2 CRM-M NO.27161 of 2008 In view of the compromise, the prosecution witnesses are not likely to support the prosecution and to continue with the trial, would be a wastage of public money and valuable Court time. It is no doubt, true that the offences complained of, are non- compoundable. However, the Hon’ble Supreme Court, while dealing with a similar controversy, in B.S.Joshi and others V. State of Haryana and another, 2003(2) RCR(Criminal) 888, has held that in cases arising from a matrimonial disputes, where parties have settled their dispute by a bonafide settlement, the High Court in the exercise of jurisdiction under Section 482 of the Cr.P.C. would be justified in quashing proceedings emanating from matrimonial disputes, even where the offences complained of are non- compoundable. Consequently, in view of the peculiar facts and circumstances of the present case, the present petition is allowed and the FIR No. 103, dated 9.09.2002, registered under Sections 406, 498-A, 323, 324 read with Section 34 of Indian Penal Code, at Police Station Guru Harsahai, District Ferozepur, and all subsequent proceedings emanating therefrom. [RAJIVE BHALLA] JUDGE 1st April, 2009 SKaushik 3