Harbans Singh and Another vs State of Punjab and Another

Vijender Singh Malik, J.—Harbans Singh and Surinder Kaur, the petitioners have brought this petition under the provisions of section 482 Cr.P.C. for quashing of FIR No. 114 dated 7.9.2012 (Annexure P1) registered at Police Station Dehlon, District Ludhiana for an offence punishable under sections 498-A, 323 and 506 of Indian Penal Code alongwith all subsequent proceedings arising therefrom, on the basis of compromise arrived at between the parties. Vide orders dated 19.10.2012, passed by this court, the parties were directed to appear before the Illaqa Magistrate on 2.11.2012 in order to make statements with regard to the compromise arrived at between them. Learned Judicial Magistrate Ist Class, Ludhiana recorded the statements of the parties and submitted his report vide letter dated 3.11.2012. According to him, the parties have compromised the matter.

The compromise appears to be just and fair, brought about without there being any pressure on the wife, effect of which is of advancing the cause of justice. In view of the ratio of decision of this court in Dharambir Vs. State of Haryana, a case regarding matrimonial dispute for non-compoundable offence can be quashed on the basis of compromise. Thus, keeping in view the fact that the parties have settled the dispute and that the settlement between them is just and fair, brought about without any pressure upon any one and that the same would be securing the ends of justice, I accept the petition and quash FIR No. 114 dated 7.9.2012 (Annexure P1) registered at Police Station Dehlon, District Ludhiana for an offence punishable under sections 498-A, 323 and 506 IPC alongwith all subsequent proceedings arising therefrom.