VISHAL SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Vishal Sharma and his parents Jawahar Lal and Namarata have filed this petition under Section 482 of the Code of Criminal Procedure (in short ­ Cr.P.C.) for quashing FIR No.32 dated 18.07.2011 (Annexure P-1), under Sections 406 and 498-A of the Indian Penal Code (in short ­ IPC), registered at Police Station Women Cell, District Jalandhar, in view of compromise (Annexure P-2) effected with respondent no. 2 ­ complainant. Respondent no. 2 has appeared in person and is identified by counsel for the petitioner stating that he knew her personally. Reply affidavit of respondent no.2 ­ complainant, filed today in Court, is taken on record, subject to all just exceptions. I have heard counsel for the petitioners, learned State counsel and respondent no.2 in person and perused the case file. Respondent no. 2 has stated that she has no objection if the impugned FIR is quashed because she has effected compromise (Annexure P-2) with the petitioners. Her reply affidavit to the same effect has also been placed on record in the Court today. Petitioner no. 1 is also present in person. It is stated by counsel for the petitioners as well as by petitioner no. 1 and respondent no. 2 that pursuant to compromise, petitioner no. 1 and respondent no. 2 are residing together as husband and wife. In appropriate cases, FIR can be quashed on the basis of compromise by exercising inherent powers under Section 482 Cr.P.C., even if the offences are not compoundable. It is more so in the cases of matrimonial disputes. It was so held by Full Bench of this Court in case of Kulwinder Singh vs. State of Punjab reported as 2007 (3) Law Herald (Punjab and Haryana) 2225.

(2.) IN the instant case, the impugned FIR is result of matrimonial dispute between petitioner no. 1 ­ husband and respondent no. 2 ­ wife. However, fortunately, the said dispute has been amicably settled and now they have started residing together as husband and wife. Accordingly, it is a fit case in which FIR should be quashed so that petitioner no. 1 and respondent no. 2 may continue happily with their marital life.