Manoj Kumar and another vs State of Haryana and another

L.N. Mittal, J. (Oral)

Manoj Kumar and his father Ram Lal have filed this petition under Section 482 of the Code of Criminal Procedure (in short, Cr. P.C.), for quashing FIR No. 35 dated 15.01.2011 (Annexure P1) under Sections 406, 498A, 323, 506 IPC registered at Police Station Ambala Cantt, District Ambala, in view of compromise (Annexure P2) effected with respondent No. 2 complainant.

Learned counsel for respondent No. 2complainant states that parties have effected compromise Annexure P2 and, therefore, respondent No. 2complainant has no objection to the quashing of the impugned FIR . It is also stated by counsel for both the parties that pursuant to compromise, marriage between petitioner No. 1 and respondent No. 2 has since been dissolved by decree of divorce by mutual consent and requisite amount has since been paid by the petitioners to respondent No. 2.

I have heard learned counsel for the parties and perused the case file.

In appropriate cases, FIR can be quashed on the basis of compromise by exercising power under Section 482 of Cr. P. C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh v. State of Punjab, 2007(2) Law Herald (Punjab & Haryana) 2205.

In the instant case, FIR is result of matrimonial dispute between petitioner No. 1 and respondent No. 2complainant. However, their marriage has since been dissolved by decree of divorce pursuant to compromise. Necessary amount has also been paid to respondent No. 2complainant by the petitioners. Accordingly, it is fit case in which FIR should be quashed.

In view of the aforesaid, instant petition is allowed and impugned FIR Annexure Pl is quashed along with all consequential proceedings arising threfrom.