Criminal Misc. No. 4349-M of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 4349-M of 2008(O&M) Date of decision : March 05, 2008 Pankaj Mohan Gupta and others .....Petitioners Versus State of Haryana and another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Deepak Sharma, Advocate for the petitioners and petitioner No. 1 in person. Mr. Navneet Singh, Assistant Advocate General, Haryana for respondent no.1. Mr. Sanjay Jain,Advocate for respondent no.2 and Respondent No. 2-complaint in person. 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 of FIR No. 101 dated April 13, 2004 registered under Sections 406 and 498-A IPC at Police Station Baldev Nagar, Ambala City 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 February 02, 2008 passed by learned Additional District Judge (Adhoc), Fast Track Court, Ambala. In the order dated February 2, 2008 granting divorce, it is directed that both the parties shall remain bound by their statements and the husband will not further give in adoption the minor child to anybody. 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 facts stated by the petitioners are not disputed by the Criminal Misc. No. 4349-M of 2008 -2- **** learned counsel for respondent no. 2/complainant. Reply on behalf of Respondent no. 2/ complainant, has been filed in which complainant while admitting the factum of compromise stated that she does not want to prosecute the petitioners. Learned counsel for the respondent no.2 further submitted that photographs and video cassette of the marriage are with the petitioners and they be directed to return the same as she apprehends its misuse by them. However, petitioner no. 1 husband, who is present in Court in person submits that same are not in their possession as the same had been taken by the respondent no. 2 when the dowry articles were taken. However, still he undertakes that in case same are found subsequently, those shall be returned to the respondent no. 2 and in any case those shall not be misused in any manner whatsoever. It is further undertaken by both the parties that will not indulge each other in any litigation after the settlement of the dispute between them. Once the matter has been compromised between the parties, no useful purpose will be served in proceeding with the prosecution. Accordingly, considering the law laid down by this Court in Kulwinder Singh's case (supra), FIR No. 101 dated April 13, 2004 registered under Sections 406 and 498-A IPC at Police Station Baldev Nagar, Ambala City and all subsequent proceedings arising therefrom are quashed. The petition is disposed of accordingly. March 05, 2008 (Rajesh Bindal) Pka Judge