IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-7614 of 2010 Date of decision: April 06, 2010 Anurag Chhabra and others Petitioners Versus State of Punjab and another Respondents CORAM : HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. Nitin Thatai, Advocate for the petitioners Mr. B.S. Sra, Addl. A.G. Punjab for respondent No. 1 Mr. Vaibhav Narang, Advocate for respondent No. 2 DAYA CHAUDHARY, J. (ORAL) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 181 dated 25.8.2007 registered at Police Station Model Town, Ludhiana under Sections 406, 498-A IPC on the basis of compromise (Annexure P-2) between the parties. Learned counsel for the petitioner submits that the matter has been compromised between the parties and the complainant has no objection if the present FIR is quashed. Learned counsel for the petitioner has also brought to the notice of this Court that the petition under Section 13-B(1) of the Hindu Marriage Act, 1955 for the dissolution of marriage filed by petitioner No. 1 has been allowed by Addl. District Judge, Ludhiana vide judgment dated 13.3.2010 which is placed on record as Annexure 'A' with the petition. Complainant - Neha Chhabra is present in the Court who has been identified by her counsel and has stated that she has no objection if the present FIR is quashed as the matter has been compromised with the petitioners and now she does not want to pursue the case. Crl. Misc. No. M-7614 of 2010 2 In view of the statement made by respondent No. 2, no purpose would be served if the case is tried because as per compromise respondent No. 2 will not support the case of the prosecution and it will merely be a sheer wastage of precious time of this Court. 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 Hon'ble the 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. 181 dated 25.8.2007 registered at Police Station Model Town, Ludhiana under Sections 406, 498-A IPC and all subsequent proceedings arisen out of the same are quashed. Accordingly, the petition stands disposed of. (DAYA CHAUDHARY) 06.04.2010 JUDGE reena