Criminal Misc. No. M-10882 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-10882 of 2009 Date of Decision: 19.5.2009 Satish Kumar and Another …Petitioners Versus State of Haryana and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Rajnish Gupta, Advocate for the petitioners. Mr. S.S. Kharab, Assistant Advocate General, Haryana, for respondent No.1-State. Mr. Parminder Singh, Advocate for respondent No.2. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 51 dated 2.2.2004 registered at Police Station Asandh, District Karnal, under Sections 498-A, 406 & 506 IPC. Copy of the FIR has been annexed with the petition as Annexure P1. In the FIR, complainant-respondent No.2 estranged wife has stated that she was married with accused Satish Kumar on 27.2.2001 and she was harassed by her husband Satish Kumar, father-in-law Sher Singh and mother-in-law Champa. It is stated that during the pendency of proceedings father-in- Criminal Misc. No. M-10882 of 2009 2 law Sher Singh died. FIR was investigated. Report under Section 173 Cr.P.C. was submitted against the accused. Thereafter, charges were framed against them. The complainant-wife has also filed divorce petition. The divorce was granted. However, aggrieved against the same, husband Satish Kumar had instituted FAO No. 158-M of 2007 in this Court. FAO No. 158-M of 2007 was disposed off by a Co-ordinate Bench of this Court on basis of compromise. Mr.Parminder Singh, Advocate, had caused appearance in matrimonial appeal. A Co-ordinate Bench of this Court held as under:- “...Their plea of conversion of the petition into a petition under Section 13-B of the Hindu Marriage Act stands allowed. They have also made the following statement, in the presence of their learned counsel. “We have arrived at a compromise. Compromise Deed may be read as Annexure C-1. We shall be abide by all the terms and conditions thereof. In terms thereof, the respondent-wife undertakes to withdraw the proceedings under Section 125 Cr.P.C. Apart therefrom, the respondent-wife shall also facilitate the cancellation/quashing of FIR No. 51 dated 2.2.2004, under Sections 498-A/406/506 IPC, P.S. Assandh, Distt. Karnal lodged by Criminal Misc. No. M-10882 of 2009 3 her against the appellant-husband. Our marriage may be ordered to be dissolved by way of mutual consent from the date of this order as per the terms and conditions contained in the Annexure C-1”. In view, thus, of the fact that the marriage between the parties was solemnized on 27.2.2001 and they have been residing separately for the last number of years and further in view of their joint endevaour for mutual separation, the petition under Section 13-B of the Hindu Marriage Act stands allowed. The marriage between the parties shall stand dissolved with effect from the date of this order by a decree of divorce by mutual consent. The parties shall be bound by the terms and conditions contained in compromise deed Annexure C-1 which (Annexure C-1) shall form part of the decree. The allowance of the plea shall enable them to start their life afresh. They shall, henceforth, ;have no claim whatsoever against each other”. Respondent No.2-estranged wife is present in the Court. She has been identified by her counsel Mr. Parminder Singh, Advocate. Mr. Parminder Singh, Advocate, on instructions from respondent No.2, has stated that as per the compromise, complainant is bound to facilitate quashing of FIR. In view of the statement made by counsel for the complainant- Criminal Misc. No. M-10882 of 2009 4 respondent No.2 and the fact that on basis of compromise, divorce has been granted to the parties, continuation of proceedings arising out of FIR will serve no useful purpose. It has been held by Hon'ble the Apex Court in B.S.Joshi v. State of Haryana 2003 (2) RCR (Criminal) 888 that compromise not only promotes peace in the society but also saves parties from litigation. This view has been further reiterated by a Full Bench of this Court in Kulwinder Singh v. State of Punjab 2007(3) Recent Criminal Reports 1052. In view of the law laid down in B.S.Joshi's case (supra) and Kulwinder Singh's case (supra), the compromise arrived at between the parties, and the statement made by respondent No.2-estranged wife, present petition is accepted and impugned FIR along with all consequential proceedings is quashed. (Kanwaljit Singh Ahluwalia) Judge May 19, 2009 “DK”