CRM No.M- 31821 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M- 31821 of 2010 (O&M) Date of decision: 2.12.2010 Balwinder Singh and others ....Petitioners Versus State of Punjab and another ....Respondents CORAM: HON'BLE MRS.JUSTICE SABINA. Present: Mr. Sandeep S. Majithia, Advocate, for the petitioner. Mr. S.S. Binder, Senior Addl. A.G., Punjab with Mr. Amandeep Singh Rai, AAG, Punjab. Mr. Puneet Singla, Advocate for the respondent No.2. ***** SABINA J. Petitioners have filed this petition under Section 482 Code of Criminal Procedure for quashing of FIR No.256 dated 15.09.2010 under Sections 498A/307/406/120B of Indian Penal Code (in short IPC), registered at Police Station Sadar, District Amritsar and subsequent arising thereof on the basis of compromise (Annexure P-2). Learned counsel for the petitioners has submitted that now with the intervention of relatives and friends parties have arrived at a compromise. The FIR was registered due to matrimonial dispute between the parties. Now the petitioner No.1 and respondent No.2 have decided to CRM No.M- 31821 of 2010 (O&M) 2 get divorce on the basis of mutual consent. Rs.2,20,000/- have already been paid to respondent No.2 by the petitioners towards part of lump sum maintenance/Istri dhan etc. Today, Rs.2 lacs have been handed over to respondent No.2 in cash and now nothing remains due against each other. Respondent No.2, who is present in person along with her counsel has accepted Rs.2 lacs in cash from the counsel for the petitioners and has stated that she has already received Rs.2,20,000/- from the petitioners. Now, nothing remains due against the petitioners. Respondent No.2 will move an application for divorce along with petitioner No.1 after the requisite period. Respondent No.2 has also tendered her reply by way of an affidavit, wherein she has stated that she has no objection if the FIR in question is ordered to be quashed. As per the Full Bench judgment of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, High Court has power under Section 482 Criminal Procedure Code to allow the compounding of non-compoundable offence and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of any Court or to otherwise secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone. Hon'ble the Apex Court in the case of Nikhil Merchant vs. Central Bureau of Inventigation and another JT 2008 (9) SC 192 in para Nos.23 and 24 has held as under:- "23. In the instant case, the disputes between the Company and the Bank have been set at rest on the basis of the compromise arrived at by them whereunder the dues of the Bank have been cleared and the Bank does not appear to have any further claim against the Company. What, however, remains is the fact that CRM No.M- 31821 of 2010 (O&M) 3 certain documents were alleged to have been created by the appellant herein in order to avail of credit facilities beyond the limit to which the Company was entitled. The dispute involved herein has overtones of a civil dispute with certain criminal facets. The question which is required to be answered in this case is whether the power which independently lies with this Court to quash the criminal proceedings pursuant to the compromise arrived at should at all be exercised? 25. On an overall view of the facts as indicated hereinabove and keeping in mind the decision of this Court in B.S. Joshi's case (supra) and the compromise arrived at between the Company and the Bank as also Clause 11 of the consent terms filed in the suit filled by the Bank, We are satisfied that this is a fit case where technicality should not be allowed to stand in the way in the quashing of the criminal proceedings, since, in our view, the continuance of the same after the compromise arrived at between the parties would be a futile exercise." Although, in the present case offence under Section 30 IPC has been added in the FIR, but keeping in view the fact that the dispute between the parties was due to matrimonial discord and now the parties have settled their disputes and have decided to move on in life, it would be just and expedient and in the interest of justice to quash the FIR. Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue. CRM No.M- 31821 of 2010 (O&M) 4 Accordingly, the present petition is allowed. FIR No.256 dated 15.09.2010 under Sections 498A/307/406/120B IPC, registered at Police Station Sadar, District Amritsar and all the subsequent proceedings, arising therefrom qua the petitioners are quashed. (SABINA) JUDGE December 2, 2010 Jyoti 1