Crl. Misc. No. M-22025 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-22025 of 2009 (O&M) Decided on : 12-08-2011 Purshotam Das Aggarwal and others ....Petitioners VERSUS State of Haryana and another ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Arjun Partap Atma Ram, Advocate for the petitioners Mr. Sandeep Mann, Sr. DAG, Haryana Mr.J.S.Lalli, Advocate for respondent no.2. MAHESH GROVER, J This is a petition under Section 482 of the Code of Criminal Procedure praying for quashing of FIR no.144 dated 1.8.2009 registered under Sections 498-A, 406, 323, 506, 34 IPC at P.S.Kosli and all consequent proceedings arising therefrom. Although the grounds taken up in the petition were at variance with the stand which has now been taken i.e the settlement of dispute inter se between the parties, the terms of which have been reduced into writing and placed on record as Annexure A filed alongwith Crl.Misc.No. 59094 of 2009. According to the terms of the settlement, the petitioner Anup Aggarwal has agreed to pay a sum of Rs.21,50,000/- towards full and final settlement against all claims of the respondent Meenu Aggarwal. They have also agreed to dissolve the marriage by way of mutual consent. Out of the Crl. Misc. No. M-22025 of 2009 (O&M) 2 total agreed amount of Rs.21,50,000/-, the petitioner -Anup Aggarwal has agreed to pay a sum of Rs.5,00,000/- to the respondent before the Court of Sh.Dinesh Bhatt, ADJ where the petition for divorce is pending. The balance payment leaving behind balance of Rs.5,50,000/- has been agreed to be paid to the respondent in two instalments each of Rs.5,50,000/- in the Court at the time of recording of statement under Section 13(1) and 13 (2) of the Hindu Marriage Act. Parties have also agreed to withdraw all the litigation pending inter se between them. The last instalment of Rs.5,50,000/- was agreed to be paid at the time when the prayer for quashing made by both the parties before this court is accepted. Parties are present in Court and they have been duly identified by their respective counsel. Both the parties have accepted that they abide by the compromise. Their statements to this effect have also been recorded separately. They have also stated that divorce has since been granted. The amount of Rs.5,50,000/- which was agreed upon has also been brought and paid to the respondent in the Court by way of two demand drafts bearing nos.000749 dated 9.8.2011 drawn on ICICI Bank, Chawri Bazar, New Delhi and 110692 dated 10.8.2011 drawn at Corporation Bank, Chandi Chowk, Delhi of Rs.2 lakhs each and an amount of Rs.1,50,000/- has been paid to the respondent in cash. Both the parties have agreed that in view of this there is neither any litigation pending nor is any dispute remaining. Having regard to the aforesaid facts and noticing the fact that the parties have settled the matter to the satisfaction of each other and which settlement has been arrived at before the Mediation Centre at Tiz Hazari Courts, Delhi which has been acknowledged and accepted by both the parties and also keeping in view the observations of Full Bench in Crl. Misc. No. M-22025 of 2009 (O&M) 3 Kulwinder Singh versus State of Punjab 2007 (3) Law Herald 2225, the instant petition is allowed. Consequently, FIR no.144 dated 1.8.2009 registered under Sections 498-A, 406, 323, 506, 34 IPC at P.S.Kosli and all consequent proceedings arising therefrom are hereby quashed. August 12, 2011 (Mahesh Grover) rekha Judge