IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.35503 -M of 2009 DATE OF DECISION : MARCH 09, 2010 PREM KUMAR & ORS. ....... PETITIONER(S) VERSUS KIRAN BALA @ PUJA & ANR. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. SK Arora, Advocate, for the petitioner(s). Mr. IPS Kohli, Advocate, for respondent No.1. Mr. Manoj Bajaj, Addl.AG, Haryana. AJAI LAMBA, J. (Oral) This petition under Section 482, Code of Criminal Procedure, has been filed for quashing of Criminal Complaint No.257 dated 18.11.2005 (Annexure P-1) titled Kiran Bala alias Puja vs. Prem Kumar and others', under Section 312, 313, 498-A, 406 and 34, Indian Penal Code, pending in the Court of Additional Sessions Judge, Moga, as well as summoning order dated 9.10.2006 (Annexure P-2), passed by the Judicial Magistrate Ist Class, Moga, on the basis of compromise dated 9.11.2009 (Annexure P-3). A perusal of the compromise (Annexure P-3) indicates that in the Mediation and Conciliation Centre, while dealing with FAO 4-M of Criminal Misc. No.35503 -M of 2009 2 2009, it has been recorded that the parties have agreed to part ways. The petition in regard to divorce would be converted into a petition under Section 13-B of the Hindu Marriage Act, praying for divorce by mutual consent. Husband-Prem Kumar (petitioner No.1) was required to pay Rs.2,75,000/- to Kiran Bala alias Puja (respondent No.1) in full and final settlement of alimony; past and future, and also as compensation for dowry articles. It has been stated that the said amount has already been deposited with the Mediation and Conciliation Centre. Learned counsel for respondent No.1, on instructions from Kiran Bala alias Puja, who is present in court, states that, indeed, the disputes have been settled by way of compromise. The amount in settlement of all the rights of respondent No.1 has been deposited and respondent No.1 also prays for quashing of the proceedings in view of the compromise. Considering the nature of dispute; the fact that with the intervention of Mediation and Conciliation Centre, the disputes have been settled; petitioner No.1 has already made the payment to the satisfaction of respondent No.1; respondent No.1 is not ready and willing to prosecute the petitioners; respondent No.1 is the victim and the best witness; continuance of the proceedings shall not bring the proceedings to any logical end, rather, continuance of the proceedings shall not be in the interest of justice, the petition is allowed. Criminal Complaint No.257 dated 18.11.2005 (Annexure P- 1) titled Kiran Bala alias Puja vs. Prem Kumar and others', under Section 312, 313, 498-A, 406 and 34, Indian Penal Code, pending in the Court of Criminal Misc. No.35503 -M of 2009 3 Additional Sessions Judge, Moga, as well as summoning order dated 9.10.2006 (Annexure P-2), passed by the Judicial Magistrate Ist Class, Moga, are hereby quashed. March 09, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? Whether the judgment should be reported in the Digest?