CRM-M 19627 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on Oct 13,2009 Naveen Kumar Aggarwal and others --.Petitioners Versus State of U.T,Chandigarh and another --Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN PRESENT: Mr.A.K.Khunger, Advocate,for the petitioners Ms.Ashima Mor,Advocate for U.T,Chandigarh, for respondent No.1. Mr.Kamal Singh, Advocate,for respondent No.2. Rakesh Kumar Jain, J: (Oral) This is a petition under Section 482 of Code of Criminal Procedure, 1973 (for short,' Cr.P.C.') for quashing of FIR No. 13 dated 09.1.2007 registered under Sections 406,498-A IPC at Police Station, Sector 39, Chandigarh. Petitioner Nos. 1 and respondent No. 2 got married on 31.8.2001 at Chandigarh and out of their wedlock, a male child, namely Pratham was born on 11.2.2004. The aforesaid FIR has been registered at the instance of respondent No.2. in which a compromise has been effected between Shyam Sunder Aggarwal and Smt.Krishna Aggarwal (petitioners Nos. 2 and 3) through Special power of Attorney CRM-M 19627 of 2009 2 of petitioner No.1 on 16.7.2009. The compromise deed has been witnessed by Mr.A.P.S.Guliani, Advocate and Mrs.Manjeet Kaur,Advocate. The petitioners have now filed this petition for quashing of the FIR(Annexure P-1) on the basis of compromise (Annexure P-2). Petitioner No.1 is being represented by Vijendra Kumar son of Om Parkash, who has been given Special Power of Attorney by Naveen Aggarwal (petitioner No.1) on 20.7.2008, for quashing of the FIR on the basis of compromise. On behalf of the petitioners, Special Power of Attorney and Shyam Sunder Aggarwal (petitioner No.2) are present in Court who have been identified by their Counsel Mr.A.P.S. Guliani, Advocate. Petitioner No.3 Smt.Krishna Aggarwal could not appear in the Court due to her ailment. On the other hand, respondent No.2. Shilpi Aggarwal is also present in Court with her father Sh. Sunil Choudhry,Advocate, who have been identified by their counsel Mr..Kamal Singh,Advocate. In terms of the compromise Annexure P-2, a draft of Rs.5.00 lakh drawn in the name of Shilpi (respondent No.2) is handed over to her by Mr.A.P.S.Guliani, Advocate, for the petitioners. It is further submitted by the learned counsel for the petitioners that since the matter has been compromised, therefore, in view of the Full Bench decision of this Court in the Case of Kulwinder Singh and others Vs. State of Punjab and another 2007 (3) R.C.R (Criminal) 1052, the aforesaid FIR (Annexure P1) and all other proceedings emanating CRM-M 19627 of 2009 3 therefrom may be quashed. Mr.Kamal Singh, learned counsel for respondent No.2 has raised no objection to the quashing of the FIR. After hearing the learned counsel for the parties and keeping in view the facts and circumstances of the case in which the parties have settled their dispute outside the Court to lead their lives amicably afresh, the present petition is allowed and FIR No. 13 dated 09.1.2007 under Sections 406,498-A IPC at Police Station,Sector 39, Chandigarh and all other proceedings arising therefrom are hereby quashed. October 13,2009 (Rakesh Kumar Jain) RR Judge