IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) Crl. Misc. No. M-16111 of 2009 Date of decision:- 07.12.2009 Ravinder Kaur and another ...Petitioners Versus State of Punjab ...Respondent (2) Crl. Misc. No. M-25001 of 2009 Date of decision:- 07.12.2009 Mohinder Pal Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE S.S. SARON Present:- Mr. M.S. Kang, Advocate (in Crl. Misc. No.M-16111 of 2009) and Mr. S.S. Rangi, Advocate (in Crl. Misc. No.M-25001 of 2009) for the petitioners. Mr. P.S. Grewal, AAG Punjab. Mr. R.S. Bains, Advocate for the complainant. S.S.SARON J. This order will dispose of Criminal Misc. No. M-16111 of 2009 filed by Ravinder Kaur wife of Mohinder Pal Singh and Surjit Kaur wife of late Sh. Gurdev Singh and Criminal Misc. No. M-25001 of 2009 filed by Mohinder Pal Singh son of Gurmakh Singh, husband of Ravinder Kaur (petitioner No.1 in Criminal Misc. No. M-16111 of 2009). The respective petitioners in both the petitions seek pre-arrest bail in case FIR No.54 dated Crl. Misc. No. M-16111 of 2009 and [2] Crl. Misc. No. M-25001 of 2009 23.4.2009, registered against them at Police Station Islamabad, District Amritsar for the offences under Sections 406, 498-A and 120-B of the Indian Penal Code (IPC-for short) and also under Section 420 IPC, which was added later. The FIR in the case has been registered on the complaint lodged by the complainant Sandeep Kaur wife of Jatinderjit Singh Garcha son of Kanwaljit Singh Garcha on account of the matrimonial dispute, having arisen between them. Ravinder Kaur (petitioner No.1 in Criminal Misc. No.M-16111 of 2009), is the mother's sister (Massi) of Jatinderjit Singh Garcha and Surjit Kaur wife of late Gurdev Singh (petitioner No.2) is the maternal grand mother of Jatinderjit Singh Garcha. Mohinder Pal Singh (petitioner in Criminal Misc. No. M-25001 of 2009), is the husband of Ravinder Kaur i.e. the mother's sister's husband (Maasar) of Jatinderjit Singh Garcha. Jatinderjit Singh Garcha is in England and the petitioners apprehend their arrest in the case. During the course of proceedings, the case was adjourned on various occasions so as to enable the parties to reach at some settlement. Mr. S.S. Rangi, Advocate has submitted that he has obtained necessary instructions through a near relative of Jatinderjit Singh Garcha to accept the demand of Rs.12,00,000/- made by the complainant for settlement of all disputes. Mr. R.S. Bains, Advocate for the complainant after consultations with the father of the complainant namely Kirpal Singh Randhawa has accepted the position that on payment of Rs.12,00,000/-, the complainant is ready to settle her dispute with her husband and other family members of her husband. Both the parties have accordingly agreed and consented to the following terms and conditions:- 1. That the petitioners shall pay a sum of Rs.12,00,000/- to the complainant as full and final settlement towards all Crl. Misc. No. M-16111 of 2009 and [3] Crl. Misc. No. M-25001 of 2009 maintenance past, future and present. In addition to Rs.12,00,000/-, the complainant shall be entitled to all her jewellery and other articles that have been recovered and are at present at the police station. Apart from that the complainant shall have no other claim. 2. That the complainant and Jatinderjit Singh Garcha shall file a joint petition for dissolution of their marriage by mutual consent in terms of Section 13-B of the Hindu Marriage Act, 1955 (as amended) and the complainant and Jatinderjit Singh Garcha shall sign the necessary documents and affidavits in this regard and the complainant shall not raise any objection in case Jatinderjit Singh Garcha files and signs his petition for the grant of divorce by mutual consent through a legally executed and validly appointed power of attorney. 3. That the accused of FIR No.54 dated 23.4.2009, registered at Police Station Islamabad, Amritsar under Sections 406, 498- A, 120-B IPC as also under Section 420 IPC that was added later, shall be entitled to file a petition seeking quashing of the said FIR and the complainant shall not object to the filing of the petition seeking quashing of FIR on behalf of Jatinderjit Singh Garcha and other accused through their legally appointed power of attorney. 4. That the counsel for the petitioners agree that the amount of Rs.12,00,000/- shall be deposited in a fixed deposit in a Nationalized Bank for a period of one year by 07.1.2010 in the name of Sandeep Kaur, complainant and she shall be entitled to encash the same after final order of divorce is passed by mutual Crl. Misc. No. M-16111 of 2009 and [4] Crl. Misc. No. M-25001 of 2009 consent and FIR is quashed. The petitioners, however, shall not be entitled to encash or cancel the said FDR in favour of the complainant. The necessary petitions in the meantime would be filed. The petitions seeking divorce by mutual consent and quashing of FIR and other applications/documents, which may be necessary, shall be signed by the complainant only after necessary and proper proof is furnished by the petitioner(s) and Jatinderjit Singh Garcha that the amount of Rs.12,00,000/- has been deposited in a fixed deposit in favour of and in the name of complainant Sandeep Kaur. The FDR in original shall be deposited in the District Court where the petition for divorce by mutual consent is filed and shall be released to the complainant after divorce is granted. 5. That on the finalization of the divorce and quashing of the FIR, neither party shall have any claim of any kind against the other and all cases, complaints and applications filed by either party against the other shall stand terminated. Keeping in view the fact that the parties have compromised on the abovesaid terms and conditions, the present petition seeking grant of pre-arrest bail is allowed and the petitioners, in the event of their arrest, shall be admitted to bail on their furnishing personal bonds and surety each to the satisfaction of the Arresting/Investigating Officer. December 07, 2009 ( S.S. SARON) Vj/amit JUDGE