Dharmendra Kumar Sinha and Others vs State of Haryana and Others

Rajan Gupta, J.—This is a petition u/s 482 Cr.P.C. for quashing of FIR No. 242 dated 27.06.2006 registered under Sections 498-A/406/34 IPC at Police Station Sector-7, Faridabad and all subsequent proceedings arising therefrom on the basis of compromise.

Counsel for the petitioners as well as respondent No. 2 have pointed out that both the parties are present in Court today. They have been duly identified by their respective counsel. An affidavit has been filed on behalf of respondent No. 3 in which it has been stated that petitioners and respondent No. 3 have compromised the matter and got a decree of divorce by mutual consent on 01.12.2008. Respondent No. 2 has further stated that he has no interest in pursuing the FIR in question and thus, the same be quashed on the basis of compromise. The said affidavit is taken on record as mark ''A''.

Learned Counsel for the State on instructions from Head Constable, who is present in Court submits that State has no objection to the quashing of the FIR in question as the entire matrimonial dispute has been amicably resolved by the parties.

The compromise is in the interest of the parties and after the matter has been resolved by an amicable settlement, no useful purpose is likely to be served with continuance of the criminal proceedings.

In view of the above, the present FIR and the consequent proceedings arising therefrom deserve to be quashed in the light of the decision of Full Bench of this Court in Kulwinder Singh and Ors. v. State of Punjab 2007 (3) RCR (Cri.) 1052.

Resultantly the present petition is allowed, the FIR in question and the subsequent proceedings arising therefrom are quashed.