IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-13975 of 2009 (O&M) Date of decision: 28th May, 2009 Rakesh Arora and others … Petitioners Versus State of Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Manoj Kaushik, Advocate for Mr. R.K. Aggarwal, Advocate for the petitioners. Mr. Anter Singh Brar, Sr. Deputy Advocate General, Punjab for the State. Mr. I.P.S.Kohli, Advocate for the complainant. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 261 dated 16.11.2007 registered at Police Station Model Town, Ludhiana under Sections 406, 498-A IPC. Quashing of the FIR has been sought on the basis of compromise (Annexure P-2). A perusal of the impugned FIR (Annexure P-1) would reveal that Shikha Arora was married with Rakesh Arora on 8th September, 2005. Primary grievance of the complainant is that she was ill-treated and harassed on account of demand of dowry. In the FIR, Rakesh Arora, his brother Anil Arora, brother’s wife Sunita Arora along with Neetu Chawla and her husband Sanjay Chawla have been named as accused. It is stated that due to the harassment caused, aggrieved wife left the house and started living with her parents. During pendency of the Criminal Misc. No. M-13975 of 2009 (O&M) FIR, a compromise has been arrived at between the parties. Dowry articles have been returned by the accused. Husband petitioner No.1 has agreed to pay Rs.11,90,000/- to the wife, out of which Rs.6.00 lakh have been paid and balance has been kept with the mediator. Mr. I.P.S. Kohli has caused appearance for respondent No.2 estranged wife and has filed reply by way of her affidavit, in which it has been stated that compromise has been arrived at and parties are residing separately and marriage between petitioner No.1 and respondent No.2 has been dissolved by way of decree of divorce. It is stated that parties had filed a petition under Section 13-B of Hindu Marriage Act. Estranged wife complainant respondent No.2 Shikha Arora is present in Court. She has been identified by ASI Davinder Singh of Police Station, Crime Against Women Cell, Ludhiana, who has come present to assist counsel for the State. Mr. I.P.S. Kohli, on instructions from Shikha Arora complainant respondent No.2, has stated that a divorce has been granted under Section 13-B of Hindu Marriage Act by way of mutual consent and present FIR be quashed. 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-13975 of 2009 (O&M) 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 the impugned FIR, along with all subsequent proceedings, is quashed. [KANWALJIT SINGH AHLUWALIA] JUDGE May 28, 2009 rps 3