IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-15173 of 2009 Date of decision : July 27, 2009 Rajiv Kumar and others ....Petitioners versus State of Punjab and another ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Surinder Sharma, Advocate, for the petitioners Mr. Gaurav Garg Dhuriwala, AAG Punjab for respondent no. 1 Respondent No. 2 in person. L.N. Mittal, J. (Oral) Rajiv Kumar and three others have filed this petition under section 482 of Code of Criminal Procedure (for short, Cr.P.C.) for quashing of FIR No. 217 dated 7.11.2007, under sections 406, 498-A IPC, Police Station Salem Tabri, Ludhiana (Annexure P/1) in view of compromise (Annexure P/2) effected with respondent No. 2- complainant who has also made statement Annexure P/4 in matrimonial case under section 11 of the Hindu Marriage Act. Respondent no. 2 has appeared in person and has been identified by SI Surinder Singh, who is present with the State counsel. She states that compromise has been effected and therefore, she has no objection to the quashing of the FIR. In appropriate cases, FIR can be quashed on the basis of compromise by exercising power under section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh vs State of Punjab, 2007 (3) Law Herald (Punjab & Haryana) 2225. Criminal Misc. No. M-15173 of 2009 -2- The instant case has arisen out of matrimonial dispute between the parties. However, marriage between petitioner no. 1 and respondent no. 2 complainant has since been declared as null and void vide judgment dated 12.2.2009 (Annexure P/5). Thus, matrimonial dispute between the parties has been settled. Marriage between petitioner no. 1 and respondent no. 2 has since been declared as null and void. Claim of respondent no. 2 has since been satisfied. It is accordingly a fit case in which FIR should be quashed. In view of the aforesaid, the instant petition is allowed and the impugned FIR No. 217 dated 7.11.2007, under sections 406, 498-A IPC, Police Station Salem Tabri, Ludhiana (Annexure P/1), is quashed along with all consequential proceedings arising therefrom. ( L.N. Mittal ) July 27, 2009 Judge 'dalbir'