Crl. Misc. No. M – 33391 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 33391 of 2009 (O&M) Date of decision:- 29.3.2010 Kailash Chand ... Petitioner Versus Smt. Babita ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. S.K.Tamak, Advocate, for the petitioner. Gurdev Singh, J (oral) Heard. This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed by Kailash Chand- petitioner for the quashing of criminal complaint No. 697 dated 16.12.2002 titled "Smt. Babita Vs. Kailash Chand and others", filed under Sections 406/498-A, 313 and 120-B IPC, pending in the Court of Judicial Magistrate, Ist Class, Faridabad, summoning order and the entire criminal proceedings before that Court, on the ground that he has already compromised the matter with respondent, who had agreed to withdraw the complaint, but failed to do so and the continuation of the complaint is an abuse of the process of Court. The parties married each other on 28.4.1999 and one child was born out of that wedlock on 10.6.2000. After sometime the litigation started between them. The respondent moved an application under Section 125 of Crl. Misc. No. M – 33391 of 2009 (O&M) -2- the Code claiming maintenance for herself and the child, which was allowed. The petitioner filed a revision against that order in which the respondent and the minor child were allowed maintenance @ Rs.700/- per month. The petitioner filed Crl. Misc. No. M – 36396 of 2007, challenging the orders of the Judicial Magistrate and the Sessions Judge. A compromise was arrived at between the parties in that petition and their statements were recorded in this Court on 29.10.2007. The respondent received a lump sum amount as maintenance and agreed to withdraw the petition filed under Section 9 of the Hindu Marriage Act, 1955 and the other litigation pending between the parties. In view of that compromise the petition was accepted and the orders under challenge were quashed. As per that compromise petition under Section 13-B of the Hindu Marriage Act, 1955 was filed, in which decree was passed on 19.8.2008. In that petition also the respondent had made a statement that she would withdraw the above said complaint pending before the Judicial Magistrate Ist Class, Faridabad. However, the same was not withdrawn. Hence the present petition. This complaint was filed for the offences arising out of the matrimonial dispute. Though the offences are not compoundable, yet in view of the compromise entered into between the parties, the complaint can be quashed, as held by Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, RCR (Criminal) 2007 (3) (P&H) (LB) 1052, In view of compromise so entered into between the parties the continuation of the complaint amounts to the abuse of the process of the Court. Crl. Misc. No. M – 33391 of 2009 (O&M) -3- Accordingly, while excercising the inherent jurisdiction under Section 482 of the Code above mentioned complaint, the summoning order and all the consequent proceedings are ordered to be quashed. The petition is disposed of accordingly. March 29, 2010 (Gurdev Singh) tripti Judge