Crl. Misc.No.M 16892 of 2010 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANAT AT CHANDIGARH. Crl. Misc.No.M 16892 of 2010 Date of Decision:-27.09.2010 Vinay Mehta & Ors. ......Petitioners. Versus State of Haryana & Ors. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. S.K. Monga, Advocate for the Petitioners. Mr. M.S. Sindhu, Additional Advocate General, Haryana. Mr. Aman Sharma, Advocate for Respondent No.2. *** JASWANT SINGH, J. Present petition under section 482 Cr.PC is for quashing of FIR No.469 dated 18.10.2007 under Sections 406, 498-A, 294 and 506 of the Indian Penal Code, registered with Police Station Sadar, Karnal, District Karnal, Haryana and all proceedings as the parties are no longer interested in having any relationship with each other and have decided to end the matrimonial tie and have mutually decided to withdraw all the litigations including the present FIR. Crl. Misc.No.M 16892 of 2010 # 2# In the FIR complainant Yogita had made allegations against the accused/petitioners that they used to harass and torture her on account of bringing insufficient dowry articles. Even the accused levelled allegations over the character of complainant-Yogita. Complainant Mrs. Yogita is present in the court and she has been identified by her counsel Mr. Aman Sharma, Advocate. It is submitted that both the parties have suffered a joint statement in the divorce proceedings under Section 13(b) of the Hindu Marriage Act at Karnal that they have amicably settled all their disputes with the intervention of their elders and does not want to continue with the present matrimonial tie. Complainant has admitted the contents of her statement made before the court of learned Civil Judge(Jr. Division), Karnal in above said proceedings. Statement of the complainant-Yogita has been separately recorded. Learned Counsel for the State is unable to raise any serious objection as the parties to the petition have amicably resolved all their disputes in divorce proceedings before the court at Karnal and 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 16892 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 quashing of the FIR in the interest of justice. Crl. Misc.No.M 16892 of 2010 # 4# Accordingly, the present petition is allowed and FIR No.469 dated 18.10.2007 under Sections 406, 498-A, 294 and 506 of the Indian Penal Code, registered with Police Station Sadar, Karnal, District Karnal, Haryana and all subsequent proceedings arising therefrom, are quashed. ( JASWANT SINGH ) JUDGE 27th September, 2010 Vinay.