Om Prakash Srivastava and Shailendra Saksena, JJ. - (1.) PETITIONERS have prayed that F.I.R. being case Crime No. 62 of 2006, under sections 498 -A, 323, 504 and 506 I.P.C. and 3/4 Dowry Prohibition Act registered at Police Station Bazar Khala, District Lucknow lodged by opposite party No. 4 be quashed. Opposite party No. 4, who is wife of petitioner No. 1, has lodged above F.I.R. against her husband and other relations. However, as it appears from the record, later on, they settled their dispute amicably, when the petition came up for hearing before this Court, Opposite Party No. 4 also appeared along with her counsel Sri K.K. Dwivedi who has filed his vakalatnama and has identified the opposite party No. 4. She has made statement that dispute between her and her husband has been settled and that she is living with her husband. She testifies the compromise (Annexure No. 2) filed in this writ petition.
(2.) SRI Suresh Chandra Shukla appearing for the petitioners, relying upon the judgment of Hon'ble Supreme Court in B.S. Joshi and others v. State of Haryana and another : 2003 (51) ALR 222 (SC) : 2003 (46) ACC 779 : 2003 (5) AIC 42, has submitted that the F.I.R. against the petitioners be quashed. The Hon'ble Supreme Court in the said case has held that in such situation, on matrimonial disputes, is the parties have settled the dispute amicably out side, the power of exercise of quashing the F.I.R. may be invoked even in non -compoundable offences where on account of settlement almost there is no chance of conviction. The above judgment of Hon'ble Supreme Court is applicable to the case in hand and, therefore, prayer for quashing of the F.I.R. deserves to be granted. In view of the above, the writ petition is allowed. The F.I.R. in Case Crime No. 62 of 2006, under sections 498 -A, 323, 504 and 506, I.P.C. and 3/4 Dowry Prohibition Act of Police Station Bazar Khala, District Lucknow is hereby quashed.;