RENU NAYYAR Vs. STATE OF U T

JUDGEMENT

(1.) THIS is a petition brought by Renu Nayyar, her husband Virender Kumar Nayyar and son Atul Nayyar under the provisions of section 482 Cr. P.C. for quashing of FIR No. 164 dated 23.06.2011 registered at Police Station Sector 36, Chandigarh for an offence punishable under sections 406 and 498-A of Indian Penal Code alongwith all the subsequent proceedings arising out of the same, on the basis of compromise arrived at between the parties with the intervention of the Mediation and Conciliation Centre of this court during the proceedings of Criminal Misc. No M-.24283 of 2011. The terms of compromise have come in the mediation proceedings dated 04.05.2012. On notice of the petition, the complainant has put in appearance through her counsel Mr. Nand Lal Sammi, Advocate. She has also come present in the court today with her counsel. As per the terms of the compromise, the parties have settled all their differences. In support of this, an affidavit of Pooja, the complainant, has also been placed on record as Annexure P2.

(2.) IN a matrimonial dispute, even if the offence is non- compoundable, the FIR and the consequent proceedings could be quashed as has been held by this court in Dharambir Vs. State of Haryana, 2005 (3) RCR (Criminal) 426. What has to be kept in mind while allowing quashing of the FIR is that the settlement/compromise is just and fair in which no party is taking undue advantage. Simultaneously, it has to be seen that the compromise is free from undue pressure. Once it is found that the compromise is just and fair and is not brought about by undue pressure of one party on the other, then the court has to see that the quashing would secure the ends of justice or that it would prevent abuse of process of law.

(3.) UNDUE advantage is also not seen to be taken by any party in the matter of compromise. The complainant is, moreover, represented by a counsel of her choice and, therefore, expert legal advice is available to her. She has, moreover, come to the court to admit the factum of compromise and to see that the requirements under the compromise were complied with.