- (1.) Vide this petition, quashing of FIR No.124 dated 12.5.2006 under Sections 406/498-A/323/506 IPC registered at P.S. Baldev Nagar, Ambala City and subsequent proceedings arising therefrom is sought.
(2.) Learned counsel appearing on behalf of the respondent-complainant has categorically stated before this Court that the respondent No.2 has no objection if the FIR in question is quashed, as the matter has been settled between the parties and on the basis of the said settlement, decree for divorce by way of mutual consent has already been granted and in fact, respondent No.2 has remarried.
(3.) It is useful to refer to a Full Bench judgment of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007 3 RCR(Cri) 1052, wherein it has been held that this Court, in appropriate cases, while exercising powers under Section 482 Cr.P.C., may quash an FIR disclosing the commission of non-compoundable offences. The relevant para of the said judgment reads thus:- 29. The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C., which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice. ;