IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 70856-M of 2006 Date of decision: 17th April, 2009 Sharanjit Singh and others … Petitioners Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Ms. Rahish Pahwa Dudeja, Advocate for Mr. B.S. Bhasaur, Advocate for the petitioners. Mr. Mehardeep Singh, Assistant Advocate General Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of the FIR No. 136 dated 17.06.2005 registered at Police Station Focal Point, Ludhiana under Sections 498-A, 406, 506, 323 IPC. On March 24, 2009, this Court had passed the following order: “Counsel for the petitioners has submitted that matrimonial dispute has been amicably resolved between the parties. Parties to the marriage had also filed an application under Section 13-B of Hindu Marriage Act. 25th March, 2009 is fixed before the District Judge, Ludhiana for grant of decree of divorce by way of mutual consent. It has further been submitted that statement of the parties under Section 13-B of the Hindu Marriage Act were recorded by District Judge, Ludhiana. Therefore, it has been pleaded that a compromise has been effected between the parties and continuation of proceedings arising out of the present FIR is misuse and abuse of process of law. Criminal Misc. No. 70856-M of 2006 It is stated that parties are scheduled to cause their appearance before the District Judge, Ludhiana on 25th March, 2009, as the statement of petitioner husband is to be recorded. District Judge, Ludhiana may also verify the factum of compromise, whether complainant estranged wife intends to pursue the FIR? Report be sent to this Court by District Judge, Ludhiana. Copy of this order be sent through FAX to the District Judge, Ludhiana by the registry of this Court. However, due to paucity of time, parties are also permitted to furnish affidavits to this effect before the District Judge, Ludhiana, tomorrow. Case to come up for hearing on 17th April, 2009.” In pursuance of the order passed by this Court, District and Sessions Judge, Ludhiana has submitted his report. Relevant portion of the same reads as under: “1. That a petition under Section 13-B of Hindu Marriage Act titled as Harminderjeet Kaur And Sharanjit Singh is pending in this Court. In pursuance of order of the Court, parties appeared in this Court on 25.3.2009. Statement of Harminderjit Kaur wife of Sharanjit Singh was recorded on 25.3.2009 to the effect that her affidavit is correct. She has no objection if FIR No. 136 dated 17.6.2005 under Sections 406/498-A/506/323 IPC of P.S. Focal Point, Ludhiana is quashed as the matter has been compromised. Similarly, statement of Sharanjit Singh her husband, was recorded, to the effect that he has heard the statement of Harminderjit Kaur and the same is correct. Copies of affidavit, attested copies of statements of Harminderjit Kaur and Sharanjit Singh are enclosed herewith for kind perusal of his Lordship.” In view of the report submitted by District and Sessions Judge, Ludhiana, it is evident that the parties have arrived at a compromise and the estranged aggrieved wife do not want to pursue the present FIR. Therefore, continuation of the FIR is abuse of the process of law. 2 Criminal Misc. No. 70856-M of 2006 It has 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, if the offence is non-compoundable. It has also been held by Hon'ble Apex Court in ‘B.S.Joshi v. State of Haryana’ 2003 (2) RCR (Criminal) 888 that if non-compoundable offence falls under Section 406, 498-A IPC, matter can be disposed off on the basis of compromise to promote peace, amity and cordial relations between the parties. Taking into consideration the ratio of law laid down in Kulwinder Singh’s case and B.S. Joshi’s case (supra), present FIR, along with all subsequent proceedings, is quashed. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE April 17, 2009 rps 3