The main legal point established in the judgment is that certain offenses under the IPC, such as those under Sections 465/467/468/120B, are non-compoundable and cannot be quashed based on a compromise between the parties.

V.M.Jain, J.

1. This is a petition under Section 482, CrPC filed by the accused-petitioners, seeking quashment, of FIR No. 109 dated 11.3.1995, registered under Sections 420/465/468/471/120B, IPC, on the basis of compromise, effected between the parties.

2. The facts of the case, in brief, are that on the complaint of Smt. Viney Bala, complainant-respondent No. 2, the aforesaid FIR was registered in Police Station City Yamuna Nagar. In the said FIR, lodged by Smt. Viney Bala, it was alleged that they had bought one house in Model Town in the year 1991 and it was lying vacant for many days and many persons used to take it for holding functions and they used to give them for use. It was alleged that Smt. Sushma had illicit relations with her husband, Subhash Chander, for a long time, about which she (Viney Bala) had no knowledge. It was alleged that because of the illicit relations, Smt. Sushma and her husband, Darshan Lal had taken the said house from her husband, Subhash Chander. It was alleged that after 8-10 days, her husband, Subhash Chander, told Smt. Sushma and her husband Darshan Lal, to vacate the said house and go back to their own house, which was lying vacant, as his wife (Smt. Viney Bala) did not know that he had given the said house to them. It was alleged that they asked her husband that they may be allowed to continue staying in that house for sometime more, whereupon, her husband, in good faith, permitted them to do so. It was alleged that during the said period, the electric connection to the house was disconnected, whereupon, Smt. Sushma asked her husband for re-connection of the electricity. It was alleged that initially her husband declined the request, but lateron, Smt. Sushma, after making him to drink alcohol and by making sweet talks, told him that they would themselves obtain the re-connection. It was alleged that her husband used to go there everyday and he was made to drink alcohol everyday and whatever Smt. Sushma used to say to him, he used to do the same. It was alleged that one day, they brought a stamp-paper worth Rs. 3/- and obtained the signatures of her husband thereon. It was alleged that on another day, Smt. Sushma, after making her husband drunk and after misleading him with sweet talks, told him that they had prepared a file for electricity and he should sign on it so that they may get the electric re-connection and in the said file, they got the signatures of her husband on blank stamp-paper. It was alleged that on the said stamp-paper, they got typed an agreement of Rs. 3.75 lakhs. It was alleged that it was a total fraud and known to all. It was alleged that the house, in question, which was in her name (Viney Bala) and her husbands name (Subhash Chander), be got returned to them.

3. In the present petition under Section 482, CrPC, it was alleged by the accused-petitioners that a civil suit was also pending between the parties, involving the same questions of law and fact. It was alleged that the petitioners had filed a Criminal Misc 15942-M of 1995 in this Court, seeking the quashment of the said FIR, on the ground that the matter was of civil nature. It was alleged that after hearing both the sides, this Court had disposed of the said petition on 8.7.1996, directing the Judicial Magistrate to await the final decision of the civil suit, which was pending between the parties. It was alleged that now a compromise had been effected between the parties and all the disputes had been resolved between the parties, as per the compromise, Annexure P3. It was alleged that in pursuance of the said compromise, the petitioners had already withdrawn the civil suit, vide order dated 3.10.1996, copy Annexure P4. It was accordingly prayed that in view of the said compromise, the aforesaid FIR be quashed.

4. In the written reply, filed by Inspector Balbir Singh. SHO, it was alleged that after the registration of the aforesaid FIR, the same was investigated by the Police and after the completion