IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.3516 -M of 2011 DATE OF DECISION : AUGUST 29, 2011 SUKHWINDER SINGH & ORS. ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ANR. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Veneet Sharma, Advocate, for the petitioner(s). Ms. Rajni Gupta, Addl.AG, Punjab. Mr. SS Khaira, Advocate, for respondent No.2. AJAI LAMBA, J. (Oral) 1 This order shall dispose of two petitions, both filed under Section 482, Code of Criminal Procedure, viz. Criminal Miscellaneous No.3516-M of 2011 (Sukhwinder Singh and others v. State of Punjab and Komaljit Kaur) and Criminal Miscellaneous No.3633-M of 2011 (Sukhwinder Singh and others v. State of Punjab and Kulwant Singh), as common questions of law and facts are involved. 2 While in Criminal Miscellaneous No.3516-M of 2011 (Sukhwinder Singh and others v. State of Punjab and Komaljit Kaur), prayer has been made for quashing of FIR No.13 dated 22.1.2010 under Sections 406, 498-A, Indian Penal Code, Police Station, Majitha, Police District Amritsar Rural, District Amritsar Criminal Misc. No.3516 -M of 2011 2 (Annexure P-1), in Criminal Miscellaneous No.3633-M of 2011 (Sukhwinder Singh and others v. State of Punjab and Kulwant Singh), prayer has been made for quashing of FIR No.10 dated 28.1.2009 under Sections 323, 324, 326, 342, 148, 149, Indian Penal Code, Police Station, Kathunangal, District Amritsar (Annexure P-1). 3 The matter was referred to the Mediator, with whose intervention the disputes have been settled. The parties have decided to part ways by way of filing a petition under Section 13-B of the Hindu Marriage Act, 1955. Further, the petitioners have agreed to pay a sum of ` 4 lacs as permanent alimony to Komaljit Kaur. The minor son is to be returned by Komaljit Kaur to the petitioners. 4 Relevant terms and conditions of the agreement arrived at between the parties, through Mediator, are contained in paras 2, 3 and 5 to 8 of the compromise (Annexure P-2). The same read as under:- “2. Sh. Sukhwinder Singh and Komaljit Kaur have decided to part-ways by getting mutual divorce petition under Section 13-B of Hindu Marriage Act from each other on the basis of compromise. It has been decided that a join petition under Section 13-B of HMA shall be filed by Sukhwinder Singh and Komaljit Kaur at District Court Amritsar. Both the parties shall bound to make statements on the date fixed by the Court in support of the joint petition under Section 13-B of the Hindu Marriage Act. 3. Sh. Sukhwinder Singh-husband of the complainant has agreed to pay an amount of Rs.4 lacs (Rupees Four Lacs only) as permanent alimony Criminal Misc. No.3516 -M of 2011 3 i.e. past, present and future to the complainant- Komaljit Kaur in the shape of Bank Draft and it has been further agreed between the parties in lieu of that the minor son who is now living with her mother- Komaljit Kaur will be handed over to the husband Sukhwinder Singh at the time of giving the permanent alimony of Rs. 4 lakhs in court. 5. The minor son namely Bhagwan Singh who is presently residing with Smt. Komaljit Kaur- complainant will be handed over to the husband Sukhwinder Singh as per settlement mentioned in para NO.3 and in future Sh. Sukhwinder Singh shall be the sole guardian of the minor for all intents and purposes. Komaljit Kaur shall not claim the custody of the minor child or visitation right of the minor son in future. 6. It has been further agreed between the parties the criminal case, FIR No.13 under Sections 406, 498- A, I.P.C. dated 22.01.2010 at Police Station Majitha, Police District Amritsar (Rural), District Amritsar shall not perused by Komaljit Kaur. She further undertakes that she shall have no objection for the quashing of the above said case on the basis of this compromise. She further undertakes that she shall execute affidavit and make statement in the Court at any time as directed by the Hon'ble Court on the date fixed for the quashing of the above said FIR. 7. It has been further agreed between the parties the criminal case, FIR No.10, under Sections 323, 324, 326, 342, 149 IPC dated 28.1.2009 at Police Station Kathu Nangal, District Amritsar shall not perused by Sh. Kulwant Singh father of Komaljit Kaur and Sharanjit Singh-brother of Komaljit Kaur. She further undertakes that she shall have no objection for the quashing of the above said case on the basis of this compromise. She further undertakes that her Criminal Misc. No.3516 -M of 2011 4 father and brother shall execute affidavit and make statements in the Court at any time as directed by the Hon'ble Court on the date fixed for the quashing of the above said FIR.” 5 In consequence and deference to terms and conditions of the compromise (Annexure P-2), the two petitions seek quashing of the FIRs and consequent proceedings, as mentioned above. 6 Petitioner-Kulwinder Kaur as also Komaljit Kaur, identified by their respective counsel, are present in court. Custody of child aged about 3 years; namely, Bhagwan Singh, has been handed over to Kulwinder Kaur. On the part of the petitioners, Demand Draft No.485285 dated 11.8.2011 for ` 4 lacs, in the name of Komaljeet Kaur, drawn on Punjab National Bank, Jaintipur (Amritsar), Punjab, has been handed over to Komaljeet Kaur, which has been received by her. 7 The other litigation pending between the parties is also sought to be withdrawn. The parties have again made a statement that other conditions of compromise dated 18.1.2011 (Annexure P-2) would be satisfied. The petition under Section 13-B of the Hindu Marriage Act, 1955, would be filed within a period of one month from today. The other cases re: maintenance, etc. would also be withdrawn. 8 Since all the disputes between the parties have been settled through Mediator and the compromise and conditions are being complied with, as noted above, these petitions are allowed. 9 FIR No.13 dated 22.1.2010 under Sections 406, 498- Criminal Misc. No.3516 -M of 2011 5 A, Indian Penal Code, Police Station, Majitha, Police District Amritsar Rural, District Amritsar and FIR No.10 dated 28.1.2009 under Sections 323, 324, 326, 342, 148, 149, Indian Penal Code, Police Station, Kathunangal, District Amritsar, and subsequent proceedings, are hereby quashed. August 29, 2011 ( AJAI LAMBA ) Kang JUDGE 1.To be referred to the Reporters or not? 2.Whether the judgment should be reported in the Digest?