LAWS(P&H)-2013-5-6

GAJENDER Vs. STATE OF HARYANA

Decided On May 02, 2013
Gajender Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) ACCUSED Gajender and two others have filed this petition under Section 482 of the Code of Criminal Procedure (in short ­ Cr.P.C.) for quashing FIR No.234 dated 20.05.2005 (Annexure P-1), under Sections 498-A and 406 read with Section 34 of the Indian Penal Code (in short ­ IPC), registered at Police Station City Rohtak, District Rohtak, in view of compromise (Annexure P-2) effected with respondent no. 2 ­ complainant.

(2.) RESPONDENT no. 2 has appeared in person today. She has been identified by counsel for the petitioners, who stated that he knew her personally being of his native place. Reply on behalf of respondent no. 1 ­ State, filed today in Court by learned State counsel, is taken on record, subject to all just exceptions. Copy already supplied to the opposite counsel.

(3.) 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 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.