Criminal Misc. No.M 13979 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M 13979 of 2008 Date of decision 17.10.2008. Shivdeep Singh and others ...... Petitioners. versus State of Punjab and another. ...... Respondents. Present :- Mr. Y.P.Singla, Advocate for Mr. S.S.Rangi, Advocate for the petitioners. Mr. D.S.Brar, Deputy Advocate General, Punjab for respondent No.1. Mr. Tejinderpal Singh Advocate for Mr. R.K.Girdhar, Advocate for respondent No.2. L.N. MITTAL,J.(Oral) Shivdep Singh and two others have filed this petition under Section 482 of the Code of Criminal Procedure for quashing FIR No.1 dated 2.1.2008 registered under Sections 498-A, 406 and 506 of the Indian Penal Code (Annexure P-1) in view of compromise (Annexure P-2) arrived at with complainant-respondent no.2-Amandeep Kaur. Learned counsel for the parties, on instructions from petitioner no.1 and respondent no.2 respectively, state that pursuant to order of the preceding date, petitioner no.1 has made statement before the Court of Commissioner for Persons with Disability, Punjab, Chandigarh on Criminal Misc. No.M 13979 of 2008 2 15.10.2008 for withdrawing his complaint, which had been made against respondent no.2. It is also stated that both the parties have also jointly filed petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 in the Court of Additional District Judge, Moga. Petitioner no.1 has also today handed over in Court bank draft of balance amount of Rs.80,000/- to respondent no.2, who has been identified by her counsel. As requested by learned counsel for respondent no.2, petitioner no.1, who is also present in person, undertakes to withdraw the suit filed by him against respondent no.2 and others for claiming damages for defamation. It is stated that petitioner no.1 shall withdraw the said suit which is fixed in the trial Court for 16.12.2008, on or before the said date. It is also agreed by petitioner no. l and respondent no.2 that pursuant to compromise Annexure P-2, respondent no.2 shall hand over the minor son Omdeep Singh to petitioner no.1 on 24.10.2008 in Courts Complex at Moga. In view of compromise arrived at between the parties, learned counsel for respondent no.2 on instructions from respondent no.2, states that impugned FIR may be quashed. In appropriate cases, FIR can be quashed on the basis of compromise by exercising power under Section 482 of the Code of Criminal Procedure even if the offences are not compoundable. It is particularly so in cases arising out of matrimonial disputes. It has been so held by the five Judges Bench of this Court in Kulwinder Singh vs. State of Punjab 2007 (3) Law Herald ( Punjab & Haryana) 2225. In the instant case, all Criminal Misc. No.M 13979 of 2008 3 disputes between the parties have been settled. The marriage between petitioner no.1 and respondent no.2 is also to be dissolved by decree of divorce by mutual consent for which petition has already been filed. Respondent no.2 has also been suitably compensated by paying her Rs.3,80,000/- in all. Matter has also been settled regarding custody of minor son born out of the wedlock. It is, accordingly, a fit case in which the FIR should be quashed. In view of the aforesaid, instant petition is allowed and the impugned FIR (Annexure P-1) is quashed along with all consequential proceedings arising therefrom. ( L.N. MITTAL ) JUDGE October 17, 2008 sv