CRM-M-26341 of 2008 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-26341 of 2008 (O&M) DATE OF DECISION: 25.08.2009 **** Abhishek Awasthi . . . . Petitioner VS. State of Punjab . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Akshay Bhan, Advocate with Mr.Manjit Singh, Advocate for the petitioner. Mr.K.D. Sachdeva, Addl. A.G. Punjab for the respondent/State. Mr.G.P.S. Chadha, Advocate for the complainant. **** RAKESH KUMAR JAIN J.(ORAL) This is a petition under Section 438 of the Code of Criminal Procedure (in short ‘Cr.P.C.’), seeking grant of anticipatory bail in case FIR No.104 dated 17.6.2008 registered under Sections 406, 498-A IPC at Police Station Zirakpur, District SAS Nagar. The aforesaid FIR has been registered at the instance of Saloni Sharma d/o Rajesh Sharma r/o H.No.102, Badal Colony, Zirakpur (hereinafter called as ‘complainant’). Vide order dated 7.1.2009, the petitioner (husband of the complainant) was granted interim bail. During the course of hearing, it transpired that there is a possibility of compromise between the parties, therefore, vide CRM-M-26341 of 2008 (O&M) - 2 - order dated 21.4.2009, the petitioner and the complainant were directed to appear before the Mediation and Conciliation Centre of the High Court on 8.5.2009. After a parley of sittings, on 30.7.2009, a compromise has been effected between the parties whereby, they agreed to part ways. The compromise, so recorded on 30.7.2009 is reproduced as under: “1. That both the parties have agreed to file divorce on the basis of mutual consent at the earliest. 2. That FIR No.40 dated 17.6.2008 under Section 406, 498A IPC at Police Station Zirakpur, which was registered by Smt. Saloni Sharma d/o Sh. Rajinder Sharma against Smt. Malti Awasthi & Sh. Abhishek Awasthi will be withdrawn by the complainant. 3. That the complaint filed by .Smt.Saloni Sharma against Sh. Abhishek Awasthi for Domestic Violence and any other case filed by any of the parties will also be withdrawn. 4. That Sh. Abhishek Awasthi has agreed to make a final payment of Rs.14 lac (Fourteen Lac Only) by way of demand draft in favour of Smt. Saloni Sharma on the next date of hearing before the Hon’ble High Court i.e. 25.08.2009. 5. That both the parties have agreed to settle all their disputes pertaining to marriage of Abhishek Awasthi and Saloni Sharma.” The aforesaid compromise has been signed not only by the petitioner, the complainant but also their respective Advocates. CRM-M-26341 of 2008 (O&M) - 3 - In terms of condition No.4 of the aforesaid compromise, the petitioner has brought 11 drafts of a sum of Rs.14 lacs. The details of which are as under: Sr. No. Demand Draft No Dated Bank Amount 1. 434660 21.8.2009 PNB 49,000/- 2. 220437 19.8.2009 SBI 49,000/ 3. 220441 19.8.2009 SBI 49,000/ 4. 220512 20.8.2009 SBI 49,000/ 5. 220506 20.8.2009 SBI 49,000/ 6. 833304 19.8.2009 HDFC 49,000/ 7. 833301 13.8.2009 HDFC 49,000/ 8. 833300 13.8.2009 HDFC 49,000/ 9. 143061 19.8.2009 Karnataka 49,000/ 10. 220556 22.8.2009 SBI 59,000/- 11 605191 19.8.2009 OBC 9,00,000/- TOTAL 14,00,000/- The petitioner has handed over the aforesaid drafts to the complainant, who is present in Court. Besides the compromise, it is also agreed between the parties, before this Court, that in terms of condition No.1 of the aforesaid compromise, both the parties, namely, the petitioner and the complainant shall file a joint petition under Section 13-B of the Hindu Marriage Act, 1955, seeking a decree of divorce by mutual consent. Learned counsel for the petitioner has informed the Court that the said petition is already drafted. It is directed that the petition shall be filed before the Court of competent jurisdiction on 26.8.2009. Both, the petitioner as well as complainant have also CRM-M-26341 of 2008 (O&M) - 4 - stated before this Court that they would appear before the competent Court of jurisdiction in their petition filed under Section 13-B of the Hindu Marriage Act, 1955 and shall record their statements. It is further stated by the complainant that in terms of condition No.3 of the aforesaid compromise, the complainant would file an appropriate application in the Court of Judicial Magistrate, Ist Class, Dera Bassi, for the withdrawal of the petition filed by her under Domestic Violence Act, 2005, against the petitioner. In respect of condition No.2 of the compromise, it is submitted by Mr.Manjit Singh, learned counsel for the petitioner that petitioner had filed CRM-M-22807 of 2009 titled as “Abhisek Awasthi and another Vs. State of Punjab and another” under Section 482 Cr.P.C. for quashing of the FIR No.104 dated 17.6.2008 on the ground of compromise. The said petition was disposed of by Hon’ble Mr.Justice Rajan Gupta on 19.8.2009 in which the following order was passed: “Counsel submits that a compromise has been arrived at between the parties before the Mediation & Conciliation Centre of this Court. He has referred to order, Annexure P4 in this regard. Counsel prays that under the circumstances FIR deserves to be quashed. Counsel for the petitioners further submits that investigation of the case is still pending and the Investigating Officer may be directed to take into consideration Annexures P3 & P4. Notice of motion. CRM-M-26341 of 2008 (O&M) - 5 - On asking of the Court, Mr. PS Bajwa, DAG, Punjab accepts notice on behalf of respondent No.1. He submits that the Investigating Officer shall be asked to take into consideration the compromise, Annexure P-3 and order, Annexure P-4 while preparing final report under Section 173 Cr.P.C. In view of the statement made by learned State counsel, no further orders are called for. The petition stands disposed of. A copy of this order be given dasti to learned State counsel under signatures of Court Secretary of the Bench.” The complainant also undertakes to make appropriate statement to the Investigating Officer to take into consideration the compromise. In view of the above, order dated 7.1.2009 is hereby made absolute. Petition stands disposed of. A copy of this order be given dasti to learned counsel for the parties under the signature of Reader of the Court. (RAKESH KUMAR JAIN) AUGUST 25, 2009 JUDGE vivek