IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-3608 of 2009 Date of decision : November 27, 2009 Jamohan Singh and others ....Petitioners versus State of Punjab and another ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Rajinder Kumar Singla, Advocate, for the petitioners Mr. Gaurav Garg Dhuriwala, AAG Punjab for respondent no. 1 None for respondent no. 2 L.N. Mittal, J. (Oral) Jagmohan Singh and two others have filed this petition under section 482 of Code of Criminal Procedure (for short, Cr.P.C.) for quashing of FIR No. 185 dated 30.5.2008, under sections 323, 406, 420, 498-A read with section 506 IPC, Police Station City Faridkot (Annexure P/1) in view of compromise effected between the parties. None has appeared on behalf of respondent no. 2 complainant today. Same was the position on the preceding date of hearing. Learned counsel for the petitioners contended that in divorce proceedings, compromise was effected in Mega Lok Adalat on 20.12.2008 and complainant-respondent no. 2 made statement Annexure P/10 regarding the compromise and accordingly marriage between petitioner no. 1 and respondent no. 2 was dissolved vide award passed by Lok Adalat dated 20.12.2008, Annexure P/12. Perusal of statement Annexure P/10 made by respondent no. 2 reveals that all articles were exchanged between the parties and a sum of Rs 2 lacs was also paid in cash to complainant-respondent no. Criminal Misc. No. M-3608 of 2009 -2- 2 in full and final satisfaction of her claim. Respondent no. 2 also stated that the impugned FIR shall also be got cancelled/quashed, in accordance with law, in view of compromise. Respondent no. 2 undertook to give favourable statement and also to appear in this Court for quashing of the impugned FIR. However, respondent no. 2 has not put appearance in this Court inspite of notice. Statement Annexure P/10 reveals that matter was amicably settled between the parties. 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) Law Herald (Punjab & Haryana) 2225. In the instant case, the impugned FIR is result of matrimonial dispute between petitioner no. 1 and respondent no. 2. However, the said dispute has been amicably settled. Marriage between petitioner no. 1 and respondent no. 2 has since been dissolved by decree of divorce by mutual consent. Dowry articles of complainant-respondent no. 2 were also returned. She was also paid Rs 2 lacs in lieu of maintenance. Accordingly, it is a fit case in which FIR should be quashed. In view of the aforesaid, the instant petition is allowed and the impugned FIR No. 185 dated 30.5.2008, under sections 323, 406, 420, 498- A read with section 506 IPC, Police Station City Faridkot (Annexure P/1) is quashed along with all consequential proceedings arising therefrom. ( L.N. Mittal ) November 27, 2009 Judge 'dalbir'