IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-4367 of 2008 Date of decision : August 26, 2009 Harpreet Kaur and another ....Petitioners versus State of U.T. Chandigarh and another ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Rahul Rampal, Advocate, for the petitioners Mr. Preetpal, Advocate for U.T. Chandigarh respondent no. 1 Sukhpreet Kaur respondent-complainant in person L.N. Mittal, J. (Oral) By this common order, I am disposing two petitions. Harpreet Kaur and Harmeet Kaur have filed Criminal Misc. No. M-4367 of 2008 under section 482 of the Code of Criminal Procedure (for short, Cr.P.C.) for quashing of FIR No. 581 dated 24.11.2007, under sections 406, 498-A IPC, Police Station Sector 17, Chandigarh. The same was referred to Mediation Centre where settlement was effected between the parties. Consequent thereto, second petition bearing Criminal Misc. No. M-10504 of 2009 has been filed by Amandeep Singh, Surjit Singh, Amarjit Kaur, Harpreet Kaur and Harmeet Kaur for quashing the same FIR pursuant to settlement effected in the Mediation Centre. Criminal Misc. No. M-4367 of 2008 -2- I have learned counsel for the petitioners and respondent no. 1 and also heard respondent no. 2 in person and perused the case files. Terms of settlement effected in Mediation Centre as contained in paragraph No. 4 of the settlement are reproduced here under :- “4. That the following settlement have been arrived at between the parties hereto:- (i)That both the parties have agreed that the custody of the minor girl child, viz, Divpreet Kaur aged 6 years will remain with the mother-Sukhpreet Kaur and husband-Amandeep Singh will have no claim on her custody. Further the case of custody filed by Amandeep Singh before the Guardian Court Ludhiana will be withdrawn by him on the next date of hearing in that Court, i.e. 28.3.2009. (ii)That both the parties will go for a mutual consent divorce before the Hon'ble Court at Chandigarh. (iii)That the husband, viz. Amandeep Singh will pay a sum of Rs 3 lacs through Bank Draft in favour of Ms. Sukhpreet Kaur. This amount will be paid as full and final maintenance for the wife- Ms. Sukhpreet Kaur and their daughter -Ms. Divpreet Kaur in lump sum. The draft of Rs 3 lacs will be attached with the quashing petition by the husband at the time of filing of quashing petition before the Hon'ble High Court. The quashing petition shall be filed by the husband within the period of one month from today. Smt. Sukhpreet Kaur will record her statement before the Hon'ble High Court after receiving the draft of Rs 3 lacs through the Hon'ble High Court. Parties have further agreed that this will be the toal amount and no further amount will be demanded by either of the parties. No further claim shall be made on behalf of Ms. Divpreet Kaur in future. (iv)That the wife will not further involve into any other litigation and she will also withdraw all the pending litigation before different Hon'ble Courts, i.e. petition u/s Criminal Misc. No. M-4367 of 2008 -3- 125 Cr.P.C. pending before Judicial Magistrate, Chandigarh. (vi)That by signing this agreement, the parties hereto states that they have no further claim and demand against each other regarding maintenance, dowry articles and all the disputes and differences in this regard have been amicably settled by the parties hereto through the process of mediation. (vii)That the parties hereto undertakes the Hon'ble Court to abide by the terms and conditions set out in the agreement and not to dispute the same hereinafter in future.” Learned counsel for the petitioners states that pursuant to settlement, Amandeep Singh petitioner has since withdrawn the case filed by him for custody of the minor child. It is also stated that Amandeep Singh is ready to file petition for divorce by mutual consent pursuant to settlement but respondent no. 2 is not agreeing to file joint petition. It is further submitted by learned counsel for the petitioners that he has got bank drafts of Rs 3 lacs in favour of respondent no. 2 as per terms of the compromise. Respondent No. 2 who is present in person in Court accepts Bank drafts of Rs 3 lacs from learned counsel for the petitioners and states that she has no objection to the quashing of the impugned FIR in view of settlement arrived at in Mediation Centre, although respondent no. 2 has raised an objection that some gold ornaments were also to be returned to her by the petitioners. There is, however, no mention thereof in the settlement arrived at in Mediation Centre or in any order of this Court. Respondent no. 2 also states that she would cooperate with Amandeep Singh petitioner in filing petition for divorce by mutual consent or for converting the divorce Criminal Misc. No. M-4367 of 2008 -4- petition already filed by Amandeep Singh into petition for divorce by mutual consent as per settlement arrived in the Mediation Centre. In appropriate cases, FIR can be quashed on the basis of compromise by exercising power under section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh vs State of Punjab, 2007 (3) Law Herald (Punjab & Haryana) 2225. In the instant case, matrimonial dispute between respondent no. 2 and Amandeep Singh petitioner has been settled in the Mediation Centre of the High Court. The impugned FIR was result of the matrimonial dispute. It is, accordingly, a fit case in which FIR should be quashed. In view of the aforesaid, both the petitions are allowed and the impugned FIR No. 581 dated 24.11.2007, under sections 406, 498-A IPC, Police Station Sector 17, Chandigarh, is quashed along with all consequential proceedings arising therefrom. ( L.N. Mittal ) August 26, 2009 Judge 'dalbir'