Criminal Misc. No. M-27183 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-27183 of 2008 Date of Decision: 16.3.2009 Amarjit Singh and Others …Petitioners Versus State of Punjab and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. P.K. Jain and Mr. Rakesh Kumar, Advocates for the petitioners. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for respondent No.1-State. Mr. Ramesh Sharma, Advocate for respondent No.2. Kanwaljit Singh Ahluwalia, J. (Oral) Present petition has been preferred by Amarjit Singh, husband of complainant-respondent No.2 Jaspal Kaur, his mother Darshan Kaur, his sister Kulwinder Kaur and Palwinder Singh Cheema husband of Kulwinder Kaur, for quashing of FIR No. 45 dated 22.5.2003 registered at Police Station Sadar, Kapurthala, under Sections 498-A, 406 and 506 IPC. Petitioners have invoked inherent jurisdiction of this Court under Section 482 Cr.P.C. and have prayed that since the matter has been amicably resolved, therefore, impugned FIR be quashed. Counsel for the parties have stated at bar that the trial has not Criminal Misc. No. M-27183 of 2008 2 concluded and proceedings are pending before the trial Court. Jaspal Kaur, complainant-respondent No.2, was married with Amarjit Singh on 7.1.2002. She has lodged FIR (Annexure P1). In the FIR it was stated that on account of dowry she was harassed and maltreated by relations of her husband Amarjit Singh. Amarjit Singh had left for United States of America with promise that he will call the complainant-wife to United States of America. Counsel for the petitioners has stated that during pendency of trial, a compromise (Annexure P2) has been arrived between the parties. It was agreed that Rs.1,75,000/- will be given to the estranged wife and she will facilitate quashing of FIR. During the course of arguments, it has been further submitted that in case Jaspal Kaur, complainant-respondent No.2, prefer petition for divorce, Amarjit Singh and his relations will facilitate grant of divorce to aggrieved wife. The demand draft of Rs.1,75,000/- has been handed over to Jaspal Kaur, complainant-respondent No.2, who is present in the Court. She has been identified by her counsel Mr. Ramesh Sharma, Advocate. A short reply by way of affidavit of Jaspal Kaur, complainant-respondent No.2, has also been filed in the Court and the same is taken on record. The affidavit has been accompanied by a photocopy of demand draft. In view of the submissions made by counsel for complainant- respondent No.2 and short reply submitted by her, and in view of amicable settlement of matrimonial dispute impugned FIR is liable to be quashed. It has been held by Hon'ble the Apex Court in B.S.Joshi v. Criminal Misc. No. M-27183 of 2008 3 State of Haryana 2003 (2) RCR (Criminal) 888 that compromise not only promotes peace in the society but also saves parties from litigation. The 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. Failure on the part of petitioners to facilitate divorce, shall entitle the estranged wife-respondent No.2 to approach this Court for recalling of this order. (Kanwaljit Singh Ahluwalia) Judge March 16, 2009 “DK”