Crl. Misc. No. M-9105 of 2010 (O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-9105 of 2010 (O&M) Date of Decision: May 10,2011 Ravinder Kaur and others ................................ Petitioners Versus State of Punjab and another ....................... Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1.To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. S.S.Rangi, Advocate for the petitioners. Mr. Raghubir Chaudhary, Sr. DAG, Punjab. Ms. Aarti, Advocate for respondent No.2. ... RITU BAHRI, J. Petitioners have sought quashing of FIR No. 54 dated 23.4.2009 under Sections 498-A/406/120-B and 420 IPC added later registered at Police Station Islamabad, District Amritsar on the basis of compromise. Petitioner No.7-Jatinder Jeet Singh Garcha and respondent No.2-Sandeep Kaur Garcha got married on 21.2.2009 as per sikh religious rites and ceremonies. They Crl. Misc. No. M-9105 of 2010 (O&M) [ 2 ] were not blessed with any child. The couple could not adjust due to differences in their taste and temperaments. Efforts were made by parents but they started staying separately since 28.2.2009. Resultantly, an FIR No.54 dated 23.4.2009 under Sections 498-A/406/120-B and 420 IPC added later was registered at Police Station Islamabad, District Amritsar on the statement made by the complainant. During the pendency of the investigation, compromise was effected between the parties. It was agreed that the complainant will be paid `12 lacs as full and final settlement as maintenance, past, present and future. In addition to this, the complainant was held entitled to jewellery and other articles. It was agreed to file a joint petition under Section 13-B of the Hindu Marriage Act for a decree of divorce by mutual consent. In the reply filed by the Assistant Commissioner of Police (West), Amritsar City, it is stated that petitioners No. 1 to 3 were arrested and they were granted pre-arrest bail on 7.12.2009 (Annexure P-2). Rest of the accused are residing in U.K. and the investigation is pending for completion which has been entrusted to ASI Mahan Singh. Counsel for the petitioners has placed on record judgment dated 4.3.2011 by which a decree of divorce has been granted to the parties. In the judgment it has been mentioned that Smt. Ravinder Kaur, Special Power of Attorney of petitioner No.1-Jatinder Jeet Singh Garcha Crl. Misc. No. M-9105 of 2010 (O&M) [ 3 ] appeared in the Court and her statement was recorded. Statement of petitioner No.2-Sandeep Kaur Garcha was also recorded in which she stated that all claims regarding the maintenance and permanent alimony of present, past and future have been mutually settled. Petitioner No.1-Jatinder Jeet Singh Garcha has paid `12 lacs towards full and final settlement. Nothing is due to the complainant now from Jatinder Jeet Singh Garcha. After going through the judgment passed by the District Judge, Amritsar, and order dated 7.12.2009 (Annexure P2) whereby pre-arrest bail was granted to the petitioners, this Court has no hesitation to conclude that the parties have mutually compromised and settled the dispute and the impugned FIR is liable to be quashed in view of the judgment of the Supreme Court in Kulwinder Singh and others v. State of Punjab and Another 2007 (3) R.C.R. (Criminal) 1052, Anil Kumar v. State of Punjab and Another 2009 (3) R.C.R. (Criminal) 259 and Dr. Arvind Bansal v. State of M.P. and others 2008 (2) R.C.R. (Criminal) 910. In view of the above, this criminal miscellaneous is allowed. FIR No. 54 dated 23.4.2009 under Sections 498- A/406/120-B and 420 IPC registered at Police Station Islamabad, District Amritsar, is quashed. 10.5.2011 ( RITU BAHRI ) Rupi JUDGE