Criminal Misc. No. M-34521 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-34521 of 2008 Date of Decision: 27.3.2009 Ram Swami alias Sonu …Petitioner Versus State of Haryana and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Ramesh Sindhar, Advocate for the petitioner. Mr. S.S. Mor, Senior Deputy Advocate General, Haryana, for respondent No.1. Mr. S.S. Duhan, Advocate for respondent No.2-complainant. Kanwaljit Singh Ahluwalia, J. (Oral) Present petition has been filed under Section 438 Cr.P.C. praying for pre-arrest bail to the petitioner in case FIR No. 264 dated 15.9.2008 registered at Police Station Sadar, Jind, under Sections 498- A & 406 IPC. Petitioner is husband. On 16.2.2009, the following statements of husband and complainant-estranged wife were recorded:- “Statement of Ram Swami alias Sonu son of Randhir Sharma, resident of Block BH, House No. 549, Near Police Station Shalimar Bagh, Delhi, on SA. Criminal Misc. No. M-34521 of 2008 2 I was married with Meena on 23.7.2007. Today we have arrived at a compromise. It has been agreed that I should pay amount of Rs.2,00,000/- to my wife Meena towards Istri Dhan, permanent alimony and maintenance. This will be the full and final payment. The amount shall be deposited in the form of Fixed Deposit Receipt before the District Judge, Jind, where a petition under Section 13-B of the Hindu Marriage Act shall be filed for taking a divorce by way of mutual consent. It has been also agreed that after the presentation of the petition and deposit of amount in the shape of Fixed Deposit Receipt, Meena my wife shall facilitate quashing of the FIR within one month.” Statement of Meena Kumari wife of Sh. Ram Swami alias Sonu daughter of Sh. Chandi Ram, resident of village Ahirka, Tehsil and District Jind, Haryana on SA. I have heard the statement of my husband Ram Swami alias Sonu. I shall be bound by the terms & conditions of the compromise stated by him in his statement recorded today in the Court. The petition for divorce under Section 13-B of the Hindu Marriage Act shall be presented before the District Judge, Jind, on or before 20.3.2009.” Counsel for the parties are in agreement that in pursuance of Criminal Misc. No. M-34521 of 2008 3 the statements made by the parties in this Court, amount of Rs.2,00,000/- by way of Fixed Deposit Receipt has been deposited in the Court of District Judge, Jind, and the parties have also preferred a petition under Section 13-B of the Hindu Marriage Act for dissolution of marriage by way of mutual consent. Mr. More states that in view of this custodial interrogation of petitioner is not required. In view of this, order dated 24.12.2008 passed by a Co- ordinate Bench of this Court granting interim pre-arrest bail to the petitioner is affirmed till filing of the report under Section 173 Cr.P.C. On submission of report under Section 173 Cr.P.C. petitioner shall furnish regular bail-bonds to the Court concerned. With these observations, present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge March 27, 2009 “DK”