Crl. Misc.No.M 9637 of 2010 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANAT AT CHANDIGARH. Crl. Misc.No.M 9637 of 2010 Date of Decision:-12.10.2010 Amarjit Singh & Ors. ......Petitioners. Versus State of Punjab & Anr. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Malkeet Singh, Advocate for the Petitioners. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. Mr. D.S. Chanan, Advocate for Respondent No.2. *** JASWANT SINGH, J.(ORAL) Present petition under section 482 Cr.PC is for quashing of FIR No.177 dated 6.11.2003 under sections 406, 494 and 498 of the Indian Penal Code, registered with Police Station Islamabad, District Amritsar on the basis of Annexure P-2 & P-3 respectively and all the subsequent proceedings arising therefrom. In the FIR complainant Manjinder Kaur had levelled allegations against the petitioners that they used to harass, maltreat her Crl. Misc.No.M 9637 of 2010 # 2# on account of bringing insufficient dowry. Complainant Manjinder Kaur is present in the court and she has been identified by her counsel Mr. D.S. Chanan, Advocate. She has stated in her statement recorded in joint petition filed by her along with her husband with mutual consent that she has received a sum of Rs.2,50,000/- as full and final payment from the petitioner no.1- husband Amarjit Singh and she has no objection if her marriage with the petitioner no.1 be dissolved and also undertook to made statement in the quashing petition. Statement of respondent no.2-Manjinder Kaur has been separately recorded wherein she admits the contents of her statement Annexure P-2 made by her in joint petition for divorce and she also extend her no objection if the aforesaid FIR may be quashed against the petitioners. Learned State Counsel is unable to raise any serious objection in view of the aforesaid position wherein the complainant has deposed on the basis of the statement made by her in joint petition filed by her along with her husband-petitioner no.1 since the complainant is not willing to pursue the present FIR. A Full Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052 has held that this Court, in appropriate cases, while exercising powers under Section 482 Cr.P.C., may quash an FIR disclosing the commission of non- compoundable offences. The relevant extracts read as under:- “The only inevitable conclusion from the Crl. Misc.No.M 9637 of 2010 # 3# above discussion is that there is no statutory bar under the Cr.P.C., which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice.” Similar views were expressed by Hon'ble the Apex Court in Madan Mohan Abot v. State of Punjab 2008(4) SCC 582, the relevant extract of which is as under:- “We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.” Keeping in view the above settled legal position and taking into account the fact that both the parties have desired to live in peace and harmony and carry on with their lives without any ill will or rancour by resolving their differences and entering into the aforesaid compromise, it is evident that it is a fit case where there is no legal impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C., for Crl. Misc.No.M 9637 of 2010 # 4# quashing of the FIR in the interest of justice. Accordingly, the present petition is allowed and FIR No.177 dated 6.11.2003 under sections 406, 494 and 498 of the Indian Penal Code, registered with Police Station Islamabad, District Amritsar on the basis of Annexure P-2 & P-3 respectively and all subsequent proceedings arising therefrom are quashed. ( JASWANT SINGH ) JUDGE 12th October, 2010 Vinay.