- (1.) The present petition has been filed under Section 482 Cr.P.C. for quashing the FIR No. 435 dated 22.9.2009 under Sections 406,498-A and 506 IPC, registered at Police Station Kotwali (Annexure P-1) on the basis of compromise (Annexure P-2).
(2.) Respondent No.2-complainant Devinderpal Kaur appeared through counsel and filed her reply by way of short affidavit admitting the factum of compromise stating that due to intervention of respectable and relatives, the matter has been compromised with the petitioners. Respondent No.2 and petitioner No.1 have decided to part away and have resolved all the issues amicably and now she is having no objection if the FIR in question with consequential proceedings arising therefrom, is quashed qua petitioners. Respondent No.2- complainant is present in the Court and has identified by her counsel. The compromise is voluntarily and without any pressure. As per compromise (Annexure P-2), both the parties have settled the dispute amicably as per the conditions recorded in the compromise. Counsel for the respondent No.2 does not dispute the genuineness of the compromise (Annexure P-2) annexed with the petition.
(3.) The Hon'ble Supreme Court in the case of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another, 2008 2 RCR(Cri) 910 has examined a case where quashing was sought of an FIR under Section 498-A IPC being non-compoundable. The Hon'ble Supreme Court has held that :- "Learned counsel for the parties submitted that the parties have settled their differences. It was submitted on behalf of the complainant Smt. Sadhna Madnawat that she is not interested in prosecuting the appellants. It may be pertinent to mention that the parties hail from cultured and educated families. It was also submitted that the appellant's parents are suffering from multiple ailments because of advanced age. The appellant's father is a retired Professor and Dean, Veterinary College, Mathura and he had undergone transplant of his kidney and the appellant's mother is suffering from multiple ailments and is virtually bed-ridden." ;