Criminal Misc. No.M-1276 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-1276 of 2010 Date of decision : 9.9.2010 Sandeep Singh .....Petitioner Versus State of Punjab ...Respondent Present: Mr. B.S.Bedi, Advocate for the petitioner with (Mr. Lakhwinder Singh, father of petitioner-Sandeep Singh) Mr. T.S.Salana, Deputy Advocate General, Punjab with (ASI Gurcharan Singh, Police Station, Fatehgarh Sahib). Mr. Gaurav Goel, Advocate with (Smt. Balwinder Kaur daughter of complainant and Sh. Satnam Singh, complainant.) S. S.SARON, J. The petitioner-Sandeep Singh has filed this petition under Section 438 of the Code of Criminal Procedure for grant of pre-arrest bail in case FIR No.123 dated 13.8.2009 registered at Police Station, Fatehgarh Sahib for the offences under Sections 498-A and 406 Indian Penal Code. The case relates to a matrimonial dispute between the petitioner and his wife Smt. Balwinder Kaur daughter of Satnam Singh- complainant. The petitioner was granted interim bail by this Court on 19.1.2010. Thereafter, matter was referred to the Conciliation and Mediation Centre. However, no settlement could be reached at. Today, after some deliberations the father of the petitioner and the comnplainant and his daughter, who are present have mutually agreed upon the following terms:- i) That the marriage between the petitioner and Smt. Criminal Misc. No.M-1276 of 2010 -2- Balwinder Kaur shall be got dissolved by filing a petition under Section 13-B of the Hindu Marriage Act for grant of divorce by mutual consent. The parties it is agreed shall file a joint petition for the said purpose before the Court of District Judge, Fatehgarh Sahib on 25.10.2010. The draft of the petition shall be prepared by the petitioner and got approved from the complainant and his daughter preferably at least a week before the said date. ii) That at the time of filing the said petition, petitioner Sandeep Singh shall hand over to Smt. Balwinder Kaur a draft for a sum of Rs.4 lacs. iii) That at the time of passing the decree for divorce by mutual consent, the petitioner Sandeep Singh shall hand over a further draft of Rs.3 lacs to Smt. Balwinder Kaur. iv) That the total amount of Rs.7 lacs which is paid by the petitioner to Smt. Balwinder Kaur shall be towards full and final settlement of all claims and disputes between the parties. v) The petitioner shall file a petition in this Court seeking quashing of the FIR No.123 dated 13.8.2009 under Sections 498-A/406 IPC registered at Police Station, Fatehgarh Sahib. The complainant-Satnam Singh and his daughter Smt. Balwinder Kaur shall file their necessary affidavits for quashing of the FIR. vi) That all the dowry articles which have been recovered and are lying at the Police Station Fatehgarh Sahib shall be released in favour of Smt. Balwinder Kaur, daughter of complainant. vii) It is agreed between the petitioner and the complainant Criminal Misc. No.M-1276 of 2010 -3- and his daughter Balwinder Kaur that all the disputes between them shall stand settled and resolved in terms of the above and in case any other complaint or application or any proceedings have been initiated by any of the parties against the other, the same shall stand withdrawn and terminated. It is further agreed that both the parties shall appear before the District Judge, Fatehgarh Sahib on 25.10.2010 for the purpose of filing a joint petition under Section 13-B of the Hindu Marriage Act. In view of the above, learned counsel for the State on instructions from ASI Gurcharan Singh, Police Station, Fatehgarh Sahib has submitted that the custody of the petitioner is not required for the purpose of investigation. Learned counsel for the complainant also submits that he has no objection to the interim bail that has been granted to the petitioner on 19.1.2010 is made absolute. Accordingly, the interim bail granted on 19.1.2010 to the petitioner is made absolute. The Criminal Misc. Petition shall stand disposed of. The parties shall remain bound by what has been agreed upon by them. September 9, 2010 (S.S.SARON) Pka JUDGE