Crl. Misc. No.M-13062 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-13062 of 2011 Date of Decision: 16.05.2011 Sudheer and others ..... Petitioners Versus State of Haryana and another ..... Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Rakesh Gupta, Advocate, for the petitioners. Mr. Anoop Sharma, AAG, Haryana, for respondent No.1. Mr. Parminder Singh, Advocate, for respondent No.2. KANWALJIT SINGH AHLUWALIA, J.(Oral) Sudheer petitioner No.1 and Nirmal Devi respondent No.2 are present in Court. They have been duly identified by their counsels Sh. Rakesh Gupta and Sh. Parminder Singh respectively. In the present case, respondent No.2 Nirmal Devi had lodged case FIR No.113 dated 20.07.2008 registered at Police Station Kunjpura, District Karnal under Sections 498-A/406/323/325/34 IPC. The aggrieved wife had stated in the FIR that she was subjected to cruelty by her husband and his relations. She was caused injuries and her istridhan has been retained. Crl. Misc. No.M-13062 of 2011 -2- Now the quashing of the abovesaid FIR has been sought on the basis of a joint statement made by both husband and wife before Mediation and Conciliation Centre, Karnal. A perusal of the joint statement reveals that parties have agreed to file a petition under Section 13-B of the Hindu Marriage Act and the husband has agreed to pay a sum of Rs.8,50,000/- to respondent No.2 by way of a demand draft as a full and final settlement of entire claim qua future maintenance, permanent alimony and dowry articles. Sh. Parminder Singh, on instructions from his client Nirmal Devi has stated that Rs.8,50,000/- has been deposited in the Court of ADJ, Karnal and the same has been kept by way of FDR. He further states that Rs.5,50,000/- is to be released to the petitioner's wife only on quashing of the present FIR. Thereafter, he prays that the FIR be quashed so that the amount could be released to the wife and furthermore to facilitate parties to start their life afresh. ASI Ajmer Singh, Police Station, Kunjpura, who has come to assist counsel for the State, has also identified Nirmal Devi present in Court. Counsel for the State, on instructions from the said officer, has stated that factum of compromise has been verified. It is a matrimonial dispute and the parties have resolved the dispute. The wife – respondent No.2 has stated that she will not pursue the present FIR. A joint statement of the parties has been recorded before the Mediation & Conciliation Centre at Karnal. They have also filed a petition under Section 13-B of the Hindu Marriage Act for seeking divorce by way of mutual consent. Hon'ble the Supreme Court in 'B.S. Joshi v. State of Haryana' Crl. Misc. No.M-13062 of 2011 -3- 2003(2) RCR (Criminal) 888 held that this Court can exercise inherent powers and quash the criminal proceedings/FIR/complaint in a matrimonial dispute. A similar view has been taken by a Full Bench of this Court in 'Kulwinder Singh and others v. State of Punjab and another', 2007(3) RCR (Criminal) 1052. Accordingly, the present petition is accepted and the impugned FIR No.113 dated 20.07.2008 registered at Police Station Kunjpura, District Karnal under Sections 498-A/406/323/325/34 IPC is quashed along with all subsequent proceedings. (KANWALJIT SINGH AHLUWALIA) 16.05.2011 JUDGE manju