JASPAL SINGH Vs. SUKHWINDER KAUR

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of complaint No. 121 dated 25.7.2006 under Section 406, 498 -A of the Indian Penal Code ('IPC' for short) (Annexure P -13) and all the subsequent proceedings arising therefrom including the summoning order dated 16.2.2008 (Annexure P -16).

(2.) LEARNED counsel for the petitioners as well as counsel for respondent No. 2 have submitted that now during the pendency of the petition, parties have amicably settled their dispute. Respondent No. 1 has got a decree of divorce. The dispute between the parties qua the custody of the minor children has already been settled.

(3.) AS per the Full Bench judgment of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, High Court has power under Section 482 Cr.P.C. to allow the compounding of non -compoundable offence and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of any Court or to otherwise secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.