Mayur Bhatia vs State of Haryana and Another

Ram Chand Gupta, J.—The present petition has been filed u/s 482 of the Code of Criminal Procedure for quashing of FIR No. 264 dated 01.04.2006 under Sections 323, 406, 498A, 506 and 120B of Indian Penal Code, registered at Police Station City Gurgaon, Annexure P-1, and all other consequential proceedings arising therefrom on the basis of compromise, Annexure P-2, having been entered between the parties. I have heard learned counsel for the parties and have gone through the record.

It has been stated by learned counsel for the parties that dispute between the parties is matrimonial in nature and the same has since been settled due to intervention of respectable persons and relatives from both the sides. It is further submitted that both the parties have agreed to seek divorce by mutual consent. It is further stated that a petition u/s 13B of Hindu Marriage Act, 1955 has already been filed before the competent Court pursuant to compromise Annexure P-2.

Parties were also directed to appear before learned trial Court who sent report after recording statements of the parties to the effect that the compromise was without any pressure.

In appropriate cases FIR can be quashed on the basis of compromise by exercising power u/s 482 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(3) RCR (Crl.) 1052. Since the dispute is matrimonial in nature which has been settled due to intervention of the respectable persons and relatives from both the sides, the present petition is allowed and the impugned FIR No. 264 dated 01.04.2006 under Sections 323, 406, 498A, 506 and 120B of Indian Penal Code, registered at Police Station City Gurgaon, Annexure P-1 alongwith all consequential proceedings qua petitioner Mayur Bhatia is, hereby, quashed.