The main legal principle established is that the inherent powers of the High Court under Section 482 can be used to quash criminal proceedings if the parties have settled the disputes amicably and without any pressure, in order to meet the ends of justice.

JUDGMENT

Chander Bhusan Barowalia, J. - Since both the petitions are inter se the same parties and the relief sought for by the petitioners is analogous, both the petitions heard together and now disposed of with a common judgment.

2. The present petitions have been maintained by the petitioners under Section 482 of the Code of Criminal Procedure (for short "Code") for quashing of F.I.R No. 0036 of 2016, dated 24.02.2016, under Sections 498A, 354 read with section 34 IPC and FIR No. 0299, dated 25.12.2015, under Section 406 IPC, both registered in Police Station, Kangra, alongwith consequential proceedings lying pending in the Courts of learned Judicial Magistrate 1st Class, Kangra, and learned Additional Chief Judicial Magistrate, Kangra, H.P.

3. The facts, which are necessary for determination and adjudication of the present petitions, can be tersely portrayed as under:

On 07.12.2014 marriage of Shri Anupam Mahajan (petitioner No. 1 herein) was solemnized at Delhi with Smt. Kanika Walia (respondent No. 2 herein) according to Hindu rituals. At the time of the marriage, petitioner No. 1 was posted at Manila, Philippines and respondent No. 2 had to accompany petitioner No. 1 to Manila, after the marriage. On 25.01.2015 petitioner No. 1 came to know that his father is suffering from fourth stage cancer, so he requested respondent No. 2 to accompany him to India, but she refused and ultimately on 04.02.2015 petitioner No. 1 came to India alone. Respondent No. 2 did not bother about the family of petitioner No. 1 and on being asked why she is not concerned about his family, she started abusing him and stopped talking with petitioner No. 1. As the father of petitioner No. 1 was to be admitted in Intensive Care Unit for treatment, he again came to India. Respondent No. 2, despite repeated requests, did not mend her behave and in turn she threatened to commit suicide and insisted to live separately from the parents of petitioner No. 1. The respondent No. 2 voluntarily let petitioner No. 1 and started living with her parents at her parental house and despite repeated endeavors he did not return. As the respondent no. 2 started threatening the petitioner No. 1, so a complaint was made to the police of Delhi. During the month of November, 2015, respondent No. 2 made a complaint to Women Cell of Dharmshala Police, whereupon FIR No. 0299, dated 25.12.2015 was registered. In addition, respondent No. 2 filed an application under Section 12 of the Prevention of Women from Domestic Violence Act, whereupon ultimately FIR No. 0036 of 2016, dated 24.02.2016 came to be registered. However, now the parties have entered into a compromise, through mediation, and in order to maintain their relations cordial, they do not want to continue with the cases. Hence, the present petitions.

4. Learned counsel for the petitioners has argued that as the parties have compromised the matter, vide effected on 18.09.2019, through mediation, which is made part of records, no purpose will be served by keeping the proceedings against the petitioner, therefore, FIRs, alongwith consequential proceedings, arising out of the FIRs, pending before the learned Court below may be quashed and set aside.

5. On the other hand, learned Additional Advocate General has argued that the offences in question is offences against the society and it cannot be compounded/quashed on the basis of settlement between the offenders and victim, so the present petition may be dismissed.

6. Learned counsel appearing on behalf of respondent No. 2 has argued that the present petitions may be allowed, in view of the compromise arrived at between the parties.

7. To appreciate the arguments of learned counsel appearing on behalf of the parties, I have gone through the entire records in detail.

8. At the very outset, it would be apt to extract the order dated 18.09.2019, passed upon the statements made before the learned Mediator by petitioner No. 1 and respondent No. 2, which in extenso is as under:

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