CRM-M No. 31108 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No. 31108 of 2009 Date of Decision:December 04, 2009 Kunwerjeet Singh Grewal .....Petitioner versus State of Punjab and another ....... Respondents Coram: HON'BLE MR. JUSTICE AJAY TEWARI Present: Petitioner in person with Mr.Sunil Chadha, Advocate. Mr.Mehar Deep Singh, DAG, Punjab for respondent No.1. Respondent No.2 in person with Mr.A.K.Walia, Advocate. **** Ajay Tewari, J. This is a petition for return/release of the passport in case arising out of FIR No. 20 dated 29.1.2009 registered at Police Station Sadar Ludhiana under Sections 406 and 498-A of the IPC. Due to the intervention of the learned counsel, parties have arrived at a settlement as per which on the payment of Rs. 25 lacs by the petitioner to the respondent No.2( as per schedule agreed to separately and which would be in full and final settlement of all claims of the respondent No.2 with regard to permanent alimony, expenses and dowry articles), the respondent No.2 will not oppose (i) release of the passport to the petitioner; (ii) permission to him to travel abroad; (iii) stay of further proceedings in the FIR; (iv) filing and signing of divorce by mutual consent and (v) moving a joint application in this Court for quashing the FIR on the basis of compromise. Statement of both the parties have been recorded separately. CRM-M No. 31108 of 2009 2 In the circumstances in is directed that the petitioner shall pay to the respondent No.2 Rs. 10 lacs by way of demand draft on 10.12.2009 in Chamber No. 220 of Sh. Raman Kaushal, Advocate, Ludhiana at 11.00 a.m. Pursuant to the handing over of the draft the respondent No.2 shall sign the petition for divorce by mutual consent. It is made clear that no aspersions shall be cast on either party in the drafting of the divorce petition which shall be vetted by the petitioner from Sh.Harinder Singh Narang, Advocate, counsel for respondent No.2. Both the parties shall appear in the Matrimonial Court to record their first statement. The Matrimonial Court is directed to fix the matter one year hence for the purpose of recording final statement (by which time as per the agreement the petitioner shall have paid the remaining amount of Rs 15 lacs by way of bank draft to the respondent no.2). It is made clear that at the time of handing over the draft in the chamber of Sh. Raman Kaushal, Advocate, Sh.Harinder Singh Narang, Advocate, counsel for respondent No.2 may also be present. The Investigating Officer shall also be present by way of abundant caution so that no unpleasant incident may occur. It is further made clear that after the amount of Rs. 10 lacs is paid as aforesaid, the passport of the petitioner shall be released to him against security in the form of surety bond to the satisfaction of the Area Magistrate. Further proceedings in the said FIR shall remain stayed and the petitioner shall be allowed to proceed abroad in case he so desires. It is further made clear that after the payment of the second instalment on 10.12.2010, the parties shall make their second statement before the Matrimonial Court. The petitioner shall have the right to get this FIR quashed as against all the accused on the basis of this compromise after the matrimonial proceedings culminate. Learned counsel has further pointed out that two other cases have been lodged by the respondent No.2 against the petitioner, one CRM-M No. 31108 of 2009 3 under Section 125 Cr.P.C. and the second under the Domestic Violence Act. The respondeat No.2 would make application/s for having the said cases adjourned sine die after the payment of Rs. 10 lacs as aforesaid. The respondent No.2 would be bound to withdraw even those cases after the finalisation of the matrimonial proceedings. Learned counsel for the petitioner has further mentioned that the mother of the petitioner was granted anticipatory bail in this very FIR and one of the condition of the anticipatory bail was that she would not travel abroad. In view of the settlement between the parties the said condition would stand withdrawn. With these observations this petition is disposed of. (AJAY TEWARI) JUDGE December 04, 2009 sunita