Crl.Misc.No.M- 13185 of 2009 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Crl.Misc.No.M- 13185 of 2009 (O&M) Date of decision: 4.3.2010 Harpreet Singh Sangha and others ......Petitioners Versus State of Punjab and another .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.K.S.Raman, Advocate, for the petitioners. Mr.Amandeep Singh Rai, AAG, Punjab None for the complainant. **** SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for quashing FIR No. 50/09 dated 29.4.2009 (Annexure P-3) under Sections 498-A/ 406 of the Indian Penal Code ('IPC' for short), registered at Police Station Sultanwind District Amritsar and subsequent proceedings arising therefrom. During the pendency of the petition, the case was ordered Crl.Misc.No.M- 13185 of 2009 (O&M) 2 to be placed before the Mediation Centre. The parties appeared before the Mediation Centre and on 11.1.2010, the following order was passed:- “ Today, i.e., 11.1.2010 at the Mediation Centre, a compromise has been reached between the parties and the matter has been settled amicably wherein all the gold articles have been handed over by the petitioners to the respondents along with a sum of Rs.3.50 lacs(three lacs and fifty thousands) in the shape of two cross-cheques bearing No.227743 dated 11.1.2010 for Rs.2 lacs and cheque No.227744 dated 11.1.2010 from ABN AMBRO Bank, Hydrabad and Rs. 1.50 lacs(one lac fifty thousands) favouring Arzoo Singh towards permanent alimony. The matter was earlier also sorted out between the parties on 27.11.2009 at Secundrabad at a Gurdwara wherein both theparties were present and agreed to resolve their matrimonial dispute and a copy of the compromise is enclosed in Punjabi language along with English version. Accordingly, it has also been further decided that both the parties will end their litigaton and take back their Court cases pending against each other. The cases filed under FIR No.22 dated 12.02.2009 at PS Karkhana Hyderabad City Secundrabad under Section 420, 379 and 506 IPC and Crl.Misc.No.M- 13185 of 2009 (O&M) 3 registered by the complainant, Viz., Sh.Harpreet Singh Sangha against Arzoo Singh and Vishaldeep Singh Sangha will be withdrawn. Likewise, the respondents have also agreed to withdraw their case No.50/09 dated 29.04.2009 under Section 498/A and 496 IPC registered at PS sultanwind District Amritsar. The abovesaid amount has categorically been paid on account of permanent alimony and final settlement. Likewise, the application filed under Section 125 Cr.P.C. Bearing No.39/09 before Illaka Magistrate, Amritsar will be withdrawn and will not be persued in future. Likewise, the other case filed by the respondent under Domestic Violence i.e., 76/09 filed at Amritsar will be withdrawn. Now the parties has already been dissolved as per the decree passed in the Court of Judge, Family Court, Secundrabad dated 17.07.2009 under OP NO.51/09. In token of the above, all the parties and their respective counsel have put their signatures in the agreement.” The compromise arrived at between the parties was also placed on record. During the mediation proceedings, respondent No.2 along with her parents and her counsel had appeared. As per the compromise effected between the parties, Rs.3.50 lacs have been handed over to respondent No.2. It was also agreed that respondent No.2 would not proceed with FIR No.50/09 dated Crl.Misc.No.M- 13185 of 2009 (O&M) 4 29.4.2009. It was also agreed between the parties that application under Section 125 Cr.P.C. pending before Area Magistrate, Amritsar would be withdrawn. The case filed by respondent No.2 under the Domestic Violence Act at Amritsar would also be withdrawn. The marriage between the parties has already been dissolved by a decree of divorce by the Family Court on 17.7.2009. 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 Cr.P.C. 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. Since the parties have arrived at a compromise, no useful purpose would be served by proceeding further with the criminal proceedings. Accordingly, the present petition is allowed. FIR No. 50/09 dated 29.4.2009 (Annexure P-3) under Sections 498-A/ 406 IPC, registered at Police Station Sultanwind District Amritsar , and all the subsequent proceedings, arising therefrom, are quashed. (SABINA) March 04, 2010 JUDGE anita