Crl. Misc. No. M-27847 of 2009 (O&M) Date of Decision: August 22 & Ors. v. State of Punjab & Ors.

CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA Present: Mr. Sanjeev Manrai, Advocate for the petitioner (s). Ms. Neelam, A.A.G., Punjab. Respondent No.2-complainant in person with Mr. P.S. Ahluwalia, Advocate. ******* RAM CHAND GUPTA, J.(Oral) The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.47 dated 21.02.2009 under Sections 406, 498-A, 354 read with Section 34 of Indian Penal Code and Section 3 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 registered at Police Station Sadar Hoshiarpur, Annexure P-1, and all other consequential proceedings arising therefrom on CRM M-27847 of 2009 -2- the basis of compromise, Annexure P-2, having been entered between the parties. I have heard learned counsel for the parties and have gone through the record. It has been stated by learned counsel for the parties that dispute between the parties is matrimonial in nature and the same has since been settled due to intervention of respectable persons and relatives from both the sides and that a petition for divorce by mutual consent under Section 13-B of Hindu Marriage Act, 1955 has also been filed by petitioner No.4 and respondent No.3 and divorce has already been granted. It is further contended that respondent No.3 has since been selected in Indian Revenue Service and that at present she is undergoing her training. Respondent No.2 – complainant also appeared in person with her counsel and filed reply by way of short affidavit admitting the factum of compromise. She has stated that she is having no objection if the FIR and consequential proceedings are quashed. In appropriate cases FIR can be quashed on the basis of compromise by exercising power under Section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh v. State of Punjab, 2007(3) RCR (Crl.)

#1052. Since the dispute is matrimonial in nature which has been settled due to intervention of the respectable persons and relatives from both CRM M-27847 of 2009 -3- the sides, the present petition is allowed and the impugned FIR No. 47 dated

21.02.2009 under Sections 406, 498-A, 354 read with Section 34 of Indian Penal Code and Section 3 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 registered at Police Station Sadar Hoshiarpur, Annexure P-1 alongwith all consequential proceedings qua petitioners Shwinder Kaur @ Swinder Kaur, Bhupinder Singh, Manpreet Singh and Dr. Pranpreet Singh is, hereby, quashed. August 22, 2012. Sachin M. ( RAM CHAND GUPTA ) JUDGE