IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-11811 of 2011 Date of decision: 18th May, 2011 Sunil Kumar and others … Petitioners Versus State of Punjab and another … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Hardip Singh, Advocate for the petitioners. Mr. J.S. Bhullar, Assistant Advocate General, Punjab for respondent No.1. Mr. Ajay Singla, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.71 dated 09.04.2009 registered at Police Station Shimla Puri, District Ludhiana under Sections 406 and 498A IPC along with all subsequent proceedings on the basis of a compromise (Annexure P-2). Today, respondent No.2-Neelam Rani is present in the Court. Mr.Ajay Singla, Advocate has caused appearance on behalf of respondent No.2-aggrieved wife and has identified her. A separate statement of respondent No.2-Neelam Rani has been recorded and the same be read as a part of this order. In the present case, the matrimonial dispute has been resolved. The parties have filed a joint petition under Section 13-B of the Hindu Marriage Act for obtaining divorce by way of mutual consent. Criminal Misc. No. M-11811 of 2011 Counsel for the parties have submitted that petitioner No.1 and respondent No.2 intend to start their lives afresh but the pendency of FIR is standing in their ways. It has been held by Hon'ble the Apex Court in ‘B.S.Joshi v. State of Haryana’ 2003 (2) RCR (Criminal) 888 that if non- compoundable offence falls under Sections 406 and 498-A IPC, the matter can be disposed of on the basis of compromise to promote peace, amity and cordial relations between the parties. It has also been held by a Full Bench of this Court in ‘Kulwinder Singh and others v. State of Punjab and another’, 2007(3) RCR (Criminal) 1052 that if compromise has been effected between the parties, the Court should quash the FIR, even if the offence is non- compoundable. Taking into consideration the ratio of law laid down in B.S. Joshi’s case and Kulwinder Singh’s case (supra), present petition is accepted and the impugned FIR along with all subsequent proceedings is quashed. [KANWALJIT SINGH AHLUWALIA] JUDGE May 18, 2011 rps 2