Vijender Singh Malik, J.@mdashThis is a petition brought by Anmol Kler and his mother Niranjan Kaur under the provisions of section 482 Cr.
P.C. for quashing of FIR No. 93 dated 21.10.2011 registered at Police Station Lambra, District Jalandhar for an offence punishable under
sections 406 and 498A of Indian Penal Code on the basis of compromise arrived at between the parties with the intervention of the Mediation and
Conciliation Centre of this court during the proceedings of Criminal Misc. No M-.36546 and 36543 of 2011. The terms of compromise have
come in the mediation proceedings dated 14.2.2012. On notice of the petition, the complainant has put in appearance through her counsel Mr.
Sandeep Arora, Advocate. She has herself come present in the court today with her counsel. As per the terms of the compromise, the parties have
settled all their disputes amicably and agreed to withdraw the cases filed by them against each other.
2. In a matrimonial dispute, even if the offence is non-compoundable, the FIR and the consequent proceedings could be quashed as has been held
by this court in Dharambir Vs. State of Haryana, 2005 (3) RCR (Criminal) 426. What has to be kept in mind while allowing quashing of the FIR is
that the settlement/compromise is just and fair in which no party is taking undue benefit. Simultaneously, it has to be seen that the compromise is
free from undue pressure. Once it is found that the compromise is just and fair and is not brought about by undue pressure of one party on the
other, then the court has to see that the quashing would secure the ends of justice or that it would prevent abuse of process of law.
3. By the compromise all the differences between the parties have been settled. No cause of any friction is left between them and, therefore, this
compromise can certainly be said to be one arrived at to secure the ends of justice. Nothing appears to the court suggestive of pressure, much less
undue pressure on the complainant for this compromise. Undue benefit is also not seen to be taken by any party in the matter of compromise. The
complainant is, moreover, represented by a counsel of her choice and, therefore, expert legal advice is available to her. She has, moreover, come
to the court to admit the factum of compromise and to see that the requirements under the compromise were complied with. Thus, keeping in view
the fact that the parties have settled the dispute and that the settlement between them is just and fair, brought about without undue pressure from
any one and that the same would be securing the ends of justice, I accept the petition and quash FIR No. 93 dated 21.10.2011 registered at
Police Station Lambra, District Jalandhar for an offence punishable under sections 406 and 498A IPC along with all consequential proceedings
arising therefrom.