IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-36182 of 2009 Date of decision : 18.1.2010 Munish Madan and Others …. Petitioners Versus State of U.T. and another …. Respondents Present : Mr. Vipin Mahajan, Advocate for the petitioners. Mr. Shilesh Gupta, Dy.AG, Punjab. Mr. Raj Karan Singh, Advocate for respondent No.2 with Ms. Sumedha Mahajan (respondent No.2) in person. **** S.S. SARON, J. Mr. Raj Karan Singh, Advocate has put in appearance for respondent No.2 Ms. Sumedha Mahajan along with respondent No.2 in person and affidavit dated 18.1.2010 has been filed in Court in which it is stated that with the intervention of respectables of both the parties, the matter has been compromised. In terms of the compromise, the accused in the FIR (Annexure P1) had agreed to pay Rs.4 lacs to respondent No.2 towards full and final settlement of all her claims. A sum of Rs.2 lacs has been paid on 5.10.2009 before the trial Court and the remaining amount of Rs.2 lacs is to be paid at the time of the quashing of FIR (Annexure P1). Respondent No.2, Ms. Sumedha Mahajan who is present in Court and is identified by her counsel has stated that she has no objection to the quashing of the FIR (Annexure P1). Besides, she is making her statement of her own free will and desire and without any Crl. Misc. No. M-36182 of 2009 [2] kind of pressure or undue influence. It is submitted that an amount of Rs.2 lacs is to be received. Mr. Vipin Mahajan, Advocate appearing for the petitioners has tendered two drafts dated 5.12.2009 and 11.1.2010 for an amount of Rs.1 lac each in favour of respondent No.2. Photostat copies of the said drafts have been placed on record. The same have been handed over to respondent No.2 and she has received the same. Heard counsel for the parties. The present petition under Section 482 of the Code of Criminal Procedure (“CrPC” – for short) has been filed seeking quashing of FIR No.107 dated 20.6.2007 (Annexure P1) registered at Police Station City Gurdaspur for the offences under Sections 406 and 498-A Indian Penal Code on the basis of compromise (Annexure P2). The marriage between Munish Madan (petitioner No.1) and Ms. Sumedha Mahajan (respondent No.2/complainant) was solemnized on 17.11.2005 at Gurdaspur. On account of the matrimonial dispute between the parties, the impugned FIR (Annexure P1) was registered. Now, the matter has been amicably settled. In B.S. Joshi and others v. State of Haryana and another, (2003) 4 SCC 675 it has held by the Supreme Court that for the purpose of securing the ends of justice, if quashing of FIR becomes necessary, Section 320 CrPC would not be a bar to the exercise of power of quashing. Besides, the High Court in exercise of its inherent power can quash the criminal proceedings or FIR or complaint in the case of a matrimonial dispute and Section 320 CrPC does not limit or affect the powers of the High Court under Section Crl. Misc. No. M-36182 of 2009 [3] 482 CrPC. In respect of matrimonial cases, it was held that it is the duty of the Court to encourage genuine settlements of matrimonial disputes. The matrimonial dispute between the parties having been amicably settled in terms of the compromise (Annexure P2), no useful purpose would be served in continuing with the criminal prosecution. In the present case, the dispute indeed has been settled in terms of the compromise (Annexure P2) which has been recorded between the parties. An order of divorce by mutual consent has also been passed. The learned Chief Judicial Magistrate, Gurdaspur had adjourned the case to enable the parties to seek quashing of the FIR. Respondent No.2 who is present in Court has submitted that she has no objection to the quashing of the FIR (Annexure P1). In terms her affidavit and also submissions made before this Court, the Crl. Misc. petition is allowed and FIR No.107 dated 20.6.2007 (Annexure P1) registered at Police Station City Gurdaspur for the offences under Sections 406 and 498-A Indian Penal Code and all subsequent and consequential proceedings arising therefrom shall stand quashed. (S.S. SARON) JUDGE January 18, 2010 amit