CRM-M-27871 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-27871 of 2011 Decided on Sept 22,2011 Baliharjit Singh --Petitioner vs. State of Punjab and another --Respondents. AND CRM-M-18738 of 2011 Decided on Sept 22,2011 Baliharjit Singh --Petitioner vs. State of Punjab --Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Ashish Agggarwal,Advocate, for the petitioner Mr. K.D.Sachdeva, Addl.A.G, Punjab Mr.R.S.Bajaj,Advocate, for the complainant Rakesh Kumar Jain,J:(Oral) This order shall dispose of two petitions bearing CRM-M- 27871 of 2011 titled as Baliharjit Singh Vs. State of Punjab and another (hereinafter referred to as the first petition) and CRM-M-18738 of 2011 titled as Baliharjit Singh Vs. State of Punjab (hereinafter referred to as CRM-M-27871 of 2011 2 the second petition) and both the cases have arisen out of FIR No.175 dated 10.8.2010, registered under Sections 406 and 498-A of the IPC at Police Station 'A' Division, District Amritsar City. First petition is filed by the petitioner under Section 482 of Cr.P.C for quashing of the FIR and all subsequent proceedings therefrom and the second petition is filed for pre arrest bail under Section 438 Cr.P.C. This matter was placed before the Mediator of this Court where the parties have arrived at a settlement which has been reduced into writing (Annexure P2). Learned counsel for the petitioner submits that it has been decided between the parties to part ways and for that, the petitioner/husband would pay a total sum of `15 lacs to the complainant/wife as a full and final settlement. He submits that a petition under Section 13-B of the Hindu Marriage Act, 1955 has already been filed by both the husband and wife before the learned Addl. District Judge, Jalandhar, where their first statement has been recorded that a sum of `5 lac has been paid by the husband to the wife. A draft of `5 lacs dated 12.9.2011 favouring the wife has also been handed over to her in Court today towards second statement and in pursuance thereof, she would make a statement in the divorce petition which is fixed for 22.3.2011 and last instalment of `5 lacs shall also been paid by the petitioner/husband to the wife at the time of decree of divorce. Both the parties undertake before this Court to cooperate in the matter of grant of decree of divorce. In the first petition for quashing of the FIR, it is submitted by the learned counsel for the petitioner that both the offences are non CRM-M-27871 of 2011 3 compoundable but in view of the Full Bench decision of this Court in the case of Kulwinder Singh and others Vs. State of Punjab, R.C.R. (Criminal ) 1052, the said offences can be compounded. After hearing the learned counsel for the parties and keeping in view the facts and circumstances of the case, the first petition bearing CRM- M-27871 of 2011 for quashing is allowed as a result of which FIR No.175 dated 10.8.2010, registered under Sections 406 and 498-A of the IPC at Police Station 'A' Division, District Amritsar City and all subsequent proceedings arising therefrom are hereby quashed. Since the FIR in question has been quashed, therefore, the second petition filed for anticipatory bail has become infructuous and is dismissed as such. Sept 22,2011 (Rakesh Kumar Jain) RR Judge