Crl. Misc. No. M-11939 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-11939 of 2009 Date of Decision: 25-5-2009 Narinder Pal Singh and Others ....Petitioners Versus State of Punjab and another ....Respondents Present: Mr. Balbir Singh, Advocate for Mr. Ashok Singla, Advocate, for the petitioners, with petitioner No.1 in person. Mr. Sudhir Nehra, Addl. A.G., Punjab. Mr. Raman Mohinder, Advocate for respondent No.2 with respondent no.2 in person *** S.S. SARON, J. This petition has been filed under Section 482 of Code of Criminal Procedure (“CrPC” – for short) seeking quashing of F.I.R. No.105, dated 29-10-2007 (Annexure P-1) registered at Police Station Amargarh, Tehsil Malerkotla, District Sanagrur for the offences under Sections 406, 498-A and 313 Indian Penal Code (“I.P.C.” – for short) and also for quashing the impugned order dated 3-12-2008 (Annexure P-3) passed by learned Judicial Magistrate, First Class, Malerkotla, whereby the cancellation report submitted by the police has not been accepted by holding that the offences are not compoundable. The learned counsel appearing for the petitioners and the complainant (respondent no.2) submit that the matrimonial dispute between petitioner no.1 and respondent no.2 has been compromised vide compromise deed dated 14-3-2009 (Annexure P-4). It is submitted that in consequence of the said compromise, for the last one year, petitioner no.1 and respondent no.2 have been residing together as Crl. Misc. No. M-11939 of 2009 -2- husband and wife and they have also been blessed with a daughter on 24-10-2008. Therefore, it is submitted that F.I.R. (Annexure P-1) may be quashed. Respondent no.2, who is present in Court and is identified by her counsel, has filed an affidavit, in which she has stated that she has started residing in the family of her in-laws with her husband and has been blessed with a daughter. Petitioner No.1 has transferred land measuring 21 kanals 14 marlas in the name of Respondent No.2 on 31-1-2008 and now, there is no dispute left between them. It is stated by her that the FIR in question may be quashed as she is happily married and she is making her statement of her own free will and desire and without any kind of pressure. After giving my thoughtful considerations to the matter, it may be noticed that the marriage between the complainant (respondent no.2) Beant Kaur and petitioner no.1 Narinder Pal Singh was solemnized in November, 2006. Sufficient gift items and other articles of streedhana were given to the complainant (respondent no.2). On account of matrimonial discord that arose between them, FIR (P-1) was registered. However, the said dispute has now been compromised and a written compromise dated 14-3-2009 (Annexure P-4) has been recorded. In view of the compromise, the petitioner has made a statement before the police that she has compromised the matter. Accordingly, a cancellation report was filed. However, the learned Judicial Magistrate, First Class vide order dated 3-12-2008 (Annexure P-3) held that the offences under Section 498-A and 313 I.P.C. were not compoundable as per the provisions of Section 320 CrPC, as such the cancellation report was not accepted. The matrimonial dispute between the parties has indeed been admittedly resolved. In the circumstances, the fact that the offences are not compoundable would not preclude this Court in exercise of its inherent jurisdiction under Section 482 CrPC to quash the impugned FIR as held by the Supreme Court in B.S Joshi V. State of Haryana, (2003) 4 SCC 675. In the said case, it was emphasized that the Court should encourage genuine settlements to be effected between the parties in Crl. Misc. No. M-11939 of 2009 -3- matrimonial disputes. In the present case, the dispute has been settled and the parties are living together. Therefore, continuation of the proceedings in pursuance of the impugned FIR would be an exercise in futility. Accordingly, criminal miscellaneous petition is allowed, the impugned FIR, dated 29.10.2007 (Annexure P-1) registered at Police Station, Amargarh for the offences under Sections 406, 498-A and 313 IPC and consequential proceedings in pursuance thereof, including the order dated 3-12-2008 (Annexure P-3) passed by the learned Judicial Magistrate, Ist Class, Malerkotla shall stand quashed. (S.S. SARON) JUDGE 25-5-2009 gaurav/amit