ANIL SETHI Vs. STATE OF U.T. CHANDIGARH

JUDGEMENT

(1.) THIS petition has been filed for quashing the First Information Report No. 200/87 dated 4.8.1987, Police Station, Section 11, Chandigarh under Sections 405/420/498A of the Indian Penal Code.

(2.) PETITIONER No. 1 has filed another petition Crl. M. 6111-M/1987 in this Court, for anticipatory bail. This case was fixed for arguments today. The parties have compromised and have put in the compromise deed signed by both the petitioners and R.C. Sethi, on the one side and Smt. Renu Sethi and Smt. Kaushalya Gera, on the other. Learned counsel for both the sides have also attested the compromise as witnesses. Statements of Anil Sethi, Smt. Renu Sethi (now Renu Gera) and Smt. Kaushalya Gera have been recorded and all of them have admitted the compromise to be correct after the same was read over to them. They admitted their signatures on the compromise.

(3.) OFFENCES under Sections 406/420 Indian Penal Code are compoundable with permission of the Court and in the circumstances of the case, there is no reason to withhold permission. So far as offence under Section 498A of the Indian Penal Code is concerned, the same is not compoundable, but, keeping in view the circumstances of the case and involvement of both the families, as also the likelihood of the pendency of the investigation and thereafter, the trial, if any, under the said offence, it will not be in the interest of justice for the Court to remain a silent spectator for whole of this agony and with the latest development in the society after the passing of the Family Courts Act and the likelihood of the establishment of the Family Courts, an attempt has to be made that whatsoever the disputes arise within the family or between the two families related to each other, have to be settled amicably and the Court has to make all efforts to that effect. In this case, I am satisfied that by this compromise, all the disputes in the two families have been completely settled. The amount of Rs. 50,000/- was paid in Court through a cheque and an amount of Rs. 3,000/- was paid in cash by the petitioner to Smt. Kashalya Gera Smt. Renu Sethi and in view of this settlement, there is no likelihood of any conviction under Section 498A of the Indian Penal Code.