- (1.) THIS is petition under Section 482 Cr.P.C. for quashing of the criminal proceedings pending against the petitioner in the court of Additional Chief Judicial Magistrate No.3, Bikakner in Criminal Case No.1344/2000 arising out of FIR No.173/1998 registered at Police Station Gangashahar, District Bikaner for offence under Sections 498-A, 406 of the IPC. It is stated that an FIR was registered under Section 498-A, 406 of the IPC against the present petitioner and his family members. The matter was investigated. All were found innocent except the present petitioner. Hence, charge-sheet was filed only against the petitioner. The respondent No.2 is the wife of the present petitioner. Subsequently, the matter has been compromised. The FIR arises out of matrimonial dispute. Thus, the dispute is totally personal in nature.
(2.) LEARNED counsel Mr.Avinish Bhati has put in appearance on behalf of the respondent. He does not dispute that the matter has been compromised. It is further stated by him that the complainant has no objection if FIR is quashed. Moreover, in pursuance to the said compromise, an application under Section 13-B of the Hindu Marriage Act has been filed jointly by both the parties before the Family Court, Bikaner. The same is placed on record. Another case filed under Section 125(3) of the Cr.P.C. has also been withdrawn by the respondent-complainant in pursuance of the said compromise. The Full Bench of the Punjab and Haryana High Court in the case of Kulwinder Singh and others v. State of Punjab and another-2007 (3) RCR (Criminal) 1052 has observed as under :- "The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power under Section 482 of the Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social amity and reduced friction, then it truly is finest hour of justice. Disputes which have their genesis in a matrimonial discord, landlord-tenant matters, commercial transactions and other such matters can safely be dealt with the court exercising its power under Section 482 of the Cr.P.C. in the event of a compromise, but this is not to say power is limited to such cases. There can never be any such rigid rules to prescribe the exercise of such power." The Apex Court in the case of 'Madan Mohan Abbot v. State of Punjab' reported as (2008) 4 SCC 582 emphasised in para No.6 as follows :- "6. We need to emphasize that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the Court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the Courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law." In view of the above as well as in view of the statement made by learned counsel for the petitioner, who stated at the bar that he has instruction to state that respondent No.2 has no objection if the present FIR is quashed, this Court is satisfied that the compromise is genuine. Hence, this Court has no inhibition in exercising its power under Section 482 of the Cr.P.C. to quash the proceedings under Section 498-A, 406 IPC pending against the petitioner. In view of the above, the present criminal misc. petition is allowed and the proceedings pending in the court of Additional Chief Judicial Magistrate No.3, Bikakner against the petitioner arising out of FIR No.173/1998, Police Station Gangashahar, District Bikakner for offence under Section 498-A and 306 IPC are quashed.;