IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-52518 of 2007 Date of decision : January 11, 2010 Subhash Chander and others Petitioners Versus State of Punjab and another Respondents CORAM : HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. Rakesh Bhatia, Advocate for the petitioners Ms. Bhavna Gupta, DAG Punjab DAYA CHAUDHARY, J. (ORAL) The present petition has been filed for quashing of FIR No. 142 dated 31.7.2007 registered at Police Station City Moga under Sections 406, 498A IPC. The case came up for hearing before Permanent Lok Adalat on 7.8.2009 and the following order was passed :- “Statements of Poonam and her husband Sumesh Kumar have been recorded, separately. Statement of Subhash Chander, one of the petitioner in the criminal miscellaneous, sent to the Lok Adalat for consideration, has also been recorded. Both, husband and wife, in their statements have agreed to withdraw all litigation filed by them against each other and their relations and that they will file petition under Section 13-B of Hindu Marriage Act for grant of divorce on mutual consent. Husband has paid a sum of Rs. 3,00,000/- (Rs. Three lacs only) in cash to Poonam, the wife today, in full and final settlement of maintenance for herself and for the Crl. Misc. No. M-52518 of 2007 2 minor child, named Lakshay. Both of them will not make any further claim against each other and they have agreed to withdraw litigation, civil or criminal, pending between them. The matter is now returned to the High Court for final disposal of criminal Miscellaneous No. 52518-M of 2007 according to law.” Since the matter has been compromised between the parties and the amount has already been paid as mentioned in order of Permanent Lok Adalat, no purpose would be fulfilled if the proceedings between the parties are continued. It has been observed by Hon'ble Supreme Court of India in Mrs. Shakuntala Sawhney vs. Mr. Kaushalya Sawhney and others, 1980(1) SCC 63 that “the finest hour of justice arrives propitiously when the parties, despite following apart bury the hatchet and weave a sense of fellowship of reunion.” Relying on the views adopted by the Hon'ble Supreme Court, the Five Judges Bench of this Court also observed in Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR(Criminal) 1052, that compounding of offence which are not compoundable under Section 320(9) Cr.P.C. but parties entering into compromise, this Court has the power under Section 482 Cr.PC. to allow compounding of non- compoundable offences and quash the prosecution where the Court felt that the same was required to prevent the abuse of any Court or to otherwise secure the ends of justice. The present one is a case covered by the views observed by Hon'ble the Supreme Court of India in the judgment mentioned above and, is therefore, a fit case to quash the FIR. In view of the above, FIR No. 142 dated 31.7.2007 registered Crl. Misc. No. M-52518 of 2007 3 at Police Station City Moga under Sections 406, 498A IPC and all subsequent proceedings arising thereto are quashed. Accordingly, the petition stands disposed of. (DAYA CHAUDHARY) 11.01.2010 JUDGE reena