Crl.Misc.No.M-12262 of 2010 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. No.M-12262 of 2010 (O&M) PRESENT Mr.P.L.Singla, Advocate, for the petitioners. Mr.Abhishek Chautala, AAG., Punab. Petitioners seek the quashing of FIR No.95 dated 01.04.2010, under Section 498-A IPC, read with Sections 3 & 4 of Dowry prohibition Act, registered at Police Station, City Sangrur, on the basis of compromise. The said FIR was registered at the instance of Shashi Bala. Counsel for the petitioner has referred to compromise dated 13.04.2010, to contend that the marriage of respondent No.2 with petitioner No.1, has been dissolved and that respondent No.2, has received all the dowry articles and the petition under Section 13-B of the Hindu Marriage Act has already been decided dissolving the marriage of petitioner No.1 with respondent No.2. Notice was issued to complainant-respondent No.2, who despite service has opted not to appear before this Court. This petition for quashing of FIR can be allowed only after respondent No.2, puts in appearance before this Court to admit the compromise having been effected. Since respondent No.2 . . . 1 Crl.Misc.No.M-12262 of 2010 (O&M) has failed to appear before this Court, this petition deserves to be disposed of without recoding any finding regarding the compromise. While disposing of this petition, it is directed that in case the challan has been presented in this case, the trial Court will be at liberty to dispose of the matter on the basis of compromise by summoning respondent No.2, to make statement regarding the matter having been compromised. As the FIR can be quashed following the Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab, 2007(3) RCR (Crl.), Page-1052, a permission is granted to the trial Court to permit the compounding of the offence on the basis of statement made by respondent No.2, before the Court. In case despite notice, respondent No.2, opts not to appear, in that case, it will be open to the trial Court to frame the charges against the petitioners if the circumstances so warrant and summon respondent No.2, as a witness. In case respondent No.2, does not appears before the Court, it will be open to the trial Court to dispose of the matter within a period of two months resulting n acquittal of the petitioners. Disposed of. (M.M.S.BEDI) JUDGE September 09, 2010. rka . . . 2