IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-8241 of 2009 Date of decision: 21st April, 2009 Subhash Chand and others … Petitioners Versus State of Haryana and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sarfraj Hussain, Advocate for the petitioners. Mr. S.S. Mor, Senior DAG Haryana for the State. Mr. Naveen Batra, Advocate for the respondents No.2 and 3. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 388 dated 18.08.2003 registered at Police Station Mujesar, District Faridabad under Sections 406, 498-A, 323, 506, 34 IPC and Section 3/4 of Dowry Prohibition Act. Quashing of the FIR has been sought on the basis of compromise/settlement arrived at between the parties. In the present case, FIR was lodged on the statement made by respondent No.2 Bishani Devi @ Versha, sister of Rekha @ Ritu. It is stated in the FIR, that Subhash Chand son of Badan Singh was married with Bishani Devi and Manoj Kumar son of Badan Singh with Rekha @ Ritu on 3rd March, 2001 according to Hindu rites and ceremonies. It is stated in the FIR that Rattan Singh, mediator petitioner and accused No.7, had played a fraud as he has not disclosed that accused are greedy Criminal Misc. No. M-8241 of 2009 persons. It is stated that Bishani Devi and Rekha, who are real sisters, were harassed, ill-treated and tortured by the accused by demanding Hero Honda motorcycle, fridge and washing machine. In the FIR, along with Subhash Chand and Manoj Kumar husbands, their brother Sonu @ Makhan Singh, father Badan Singh, mother Maya Devi, sister Rekha and mediator Rattan Singh were also named as accused. Mr. Sarfraj Hussain appearing for the petitioners has stated that two sisters namely, Rekha and Bishni Devi were married to Manoj Kumar and Subhash Chand. It is stated that parties have arrived at compromise and Subhash Chand and Manoj Kumar have filed a petition under Section 9 of Hindu Marriage Act for restoration of conjugal rights at Delhi. There compromise was recorded. Bishni Devi and Rekha have joined their matrimonial home and are living happily with their husbands, Subhash Chand and Manoj Kumar, respectively. Bishni Devi and Rekha are present in Court. They have been identified by Jagjit Singh ASI. They have stated before me that they are living happily in their matrimonial home and there is no dispute between the parties. 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. 2 Criminal Misc. No. M-8241 of 2009 Taking into consideration the ratio of law laid down in Kulwinder Singh’s case and B.S. Joshi’s case (supra), present petition is accepted and FIR No. 388 dated 18.08.2003 registered at Police Station Mujesar, District Faridabad under Sections 406, 498-A, 323, 506, 34 IPC and Section 3/4 of Dowry Prohibition Act, along with all subsequent proceedings, is quashed. [KANWALJIT SINGH AHLUWALIA] JUDGE April 21, 2009 rps 3