Criminal Misc. No. 14407-M of 2007 (O&M) -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 14407-M of 2007 (O&M) Date of decision : March 17, 2008 Aman Kalia and others .....Petitioners Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Vivek Salathia, Advocate for the petitioners Mr. A. S. Brar, Deputy Advocate General, Punjab for respondent No. 1 RAJESH BINDAL J. The prayer made in this petition filed under Section 482 of the Code of Criminal Procedure ( for short “the Code”) is for quashing FIR No. 272 dated August 30, 2001 registered under Sections 406, 498-A and 506 IPC at Police Station Sadar, Amritsar and all subsequent proceedings arising therefrom. Learned counsel for the petitioners submits that the dispute between the parties has been settled amicably. Even the divorce has been granted in a petition filed under Section 13-B of the Hindu Marriage Act, 1955 vide order dated September 08, 2007 passed by learned District Judge, Amritsar. Copies of statements dated November 28, 2006 got recorded by petitioner No. 1 as well as respondent no.2-complainant made before the learned District Judge, Amritsar have been placed on record as Annexures P/3 and P/4 respectively. In Statement Annexure P/4 respondent no. 2/complainant stated that she shall receive Rs. 3 lacs on account of her past, present and future permanent alimony. She had received Rs. 1 lac out of that amount and agreed to get the FIR No. 272 of 2001, Police Station Sadar, Amritsar quashed. Copy of statement of respondent no. 2/complainant recorded before learned District Judge, Amristar on Criminal Misc. No. 14407-M of 2007 (O&M) -2- *** September 8, 2007 has also been placed on record in which she stated that since the recording of her statement on November 28, 2006, both the parties have not been able to live together as husband and wife and there is no chance of their living as such in future also. In consonance with her previous statement, the complainant received Rs. 2 lacs in cash. Once that is so the FIR in question registered against the petitioners be quashed. Reliance has been placed upon a five Judge Bench judgment of this Court in Kulwinder Singh v. State of Punjab 2007 (3) Law Herald (P&H) 2225. The complainant though stated before the Court below in the divorce proceedings that the dispute between the parties has been settled. However, as the complainant has not appeared before this Court inspite of service, her statement made before the Court below can certainly be relied upon to redress the grievance of the petitioners. Once the matter has been compromised between the parties, no useful purpose will be served by proceeding with the prosecution. Accordingly, considering the law laid down by this Court in Kulwinder Singh's case (supra), FIR No. 272 dated August 30, 2001 registered under Sections 406, 498-A and 506 IPC at Police Station Sadar, Amritsar and all subsequent proceedings arising therefrom are quashed. The petition is disposed of accordingly. March 17, 2008 (Rajesh Bindal) Pka Judge