RAJAN SIKKA Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) RAJAN Sikka, the petitioner, was married with the complainant- Smt. Brij Bala on 27.11.1991. The marriage did not prove to be successful. Petitions for restitution of conjugal rights and judicial separation were filed by the parties. In addition thereto, Smt. Brij Bala got registered a case bearing F.I.R. No. 111 dated 23.6.1995, at Police Station, Sector 39, Chandigarh, for the offences under Sections 406 and 498-A, Indian Penal Code, against the petitioner, his parents, brother, maternal uncle and wife of the maternal uncle. However, during the pendency of Criminal Misc. No. 11475-M of 1995 in this Court, both the parties mutually settled all their disputes. A decree of divorce has also been obtained by mutual consent on 24.7.1996 from the Court of District Judge, Chandigarh. As a result of the said compromise, the present petition has been filed for quashing the aforesaid first information report; the obvious reason is that an offence under Section 498-A, Indian Penal Code, is not a compoundable offence under the Code of Criminal Procedure. Shri Gautam Dutt, Advocate, learned counsel for Smt. Brij Bala, the complainant, has conceded at the Bar that the parties have mutually settled all their disputes and a decree of divorce has been passed between the parties and the impugned F.I.R. may be quashed.

(2.) IN the facts and the circumstances of the case, it is just and proper to invoke the inherent jurisdiction of this Court and to pass necessary orders to secure the ends of justice. For identical reasons, this Court had quashed the first information report for similar offences in Criminal Misc. No. 1743-M of 1996 (Ashok Kumar Gupta and others v. State of Punjab and another), decided on February 20, 1996. Consequently, this petition is allowed and the impugned first information report bearing No. 111 dated 23.6.1995, registered at Police Station, Sector 39, Chandigarh, for the offences under Section 406/498-A, Indian Penal Code, is hereby quashed.