L.N.MITTAL,J - (1.) AMIT Kumar Arora has filed the instant petition under Section 482 of the Code of Criminal Procedure (in short 'the Code') for quashing of FIR No. 532 dated 29.9.2006 (Annexure P-1) under Sections 406/498A of the Indian Penal Code registered at Police Station City Karnal, in view of compromise effected between the parties.
(2.) LEARNED counsel for the petitioner has referred to order dated 8.1.2007 (Annexure P-2) passed in Crl. Misc. No. 67735-M of 2006. Learned counsel for respondent No. 2 states that the cheque for the balance amount payable under the compromise, has since been encashed. It is also submitted that in pursuance of compromise, marriage between petitioner and respondent No. 2 has since been dissolved by a decree of divorce by mutual consent, under Section 13-B of the Hindu Marriage Act, 1955. In view thereof, learned counsel for respondent No. 2 states that respondent No. 2 has no objection to the quashing of FIR. In appropriate cases, FIR can be quashed on the basis of compromise by exercising power under Section 482 of the Code to prevent abuse of process of Court and to secure the ends of justice, even if the offences are not compoundable. It has been so held by a Full Bench of this Court in case Kulwinder Singh v. State of Punjab, 2007(3) RCR(Crl.) 1052 (P&H) : 2007(3) Law Hearald (P&H) 2225. It is particularly so in the matrimonial cases. The impugned FIR in the instant case is also result of matrimonial dispute between petitioner and respondent No. 2. However, they have amicably settled the dispute. As noticed in order Annexure P-2 passed in petitioner's petition for anticipatory bail, in view of compromise, petitioner has paid Rs. 4,75,000/- to respondent No. 2 in full and final satisfaction of her claim. They have also obtained divorce by mutual consent. Thus, the entire dispute has been amicably settled. It is, therefore, an appropriate case in which the impugned FIR should be quashed, as continuation of prosecution of the petitioner would be sheer abuse of the process of law. In view of the aforesaid, the instant petition is allowed and the impugned FIR No. 532 dated 29.9.2006 (Annexure P-1) under Sections 406/498-A of the Indian Penal Code registered at Police Station City Karnal, is quashed along with all consequential proceedings arising therefrom. Petition allowed.;