IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-28409 of 2008 Date of decision: 25th February, 2009 Dharamjit Bali and others … Petitioners Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Jaskaran Singh Attar, Advocate for the petitioners. Mr. Mehardeep Singh, Assistant Advocate General Punjab for the State. Mr. N.C. Doabia, Advocate for respondent No.3. KANWALJIT SINGH AHLUWALIA, J. (ORAL) On February 11, 2009, this Court had passed the following order: “The present petition has been filed under Section 482 Cr.P.C. seeking quashing of case FIR No. 101 dated 30.8.2008 registered at Police Station Bilga, Tehsil Phillaur, District Jalandhar, under Sections 406, 498-A & 34 IPC, on basis of compromise (Annexure P2). Ranjana Kumari, respondent No.3-complainant, is present in the Court. She has been identified by Satpal, Head Constable, Police Station Bilga. She has been also identified by her counsel Mr. N.C. Doabia, Advocate. She has stated that Rs.2,00,000/- have been received. Rs.1,65,000/- is to be paid by the petitioner in pursuance of compromise. She has further stated that the amount has not been paid. During the course of arguments, it has been agreed between the parties that balance amount of Rs.1,65,000/- in Criminal Misc. No. M-28409 of 2008 shape of Fixed Deposit Receipt drawn in the name of Ranjana Kumari shall be kept with the District Judge, Ropar, where petition under Section 13-B of the Hindu Marriage Act, for divorce by way of mutual consent is pending. FDR be presented before District Judge, Ropar, for deposit on or before 20.2.2009. Counsel for the parties stated that petition for divorce is fixed for 12.6.2009 when final statement of the parties is to be recorded. The Fixed Deposit Receipt, in case divorce is granted, shall be released to Ranjana Kumari for encashment. In case the statement of Ranjana Kumari will not be recorded, the amount shall be returned to the husband. Case is adjourned to 25.2.2009 to await compliance of the agreement.” Ranjana Kumari wife of petitioner No.1, is present in Court. She has been identified by Mr. N.C. Doabia, counsel appearing for her. Head Constable Satpal, who has come from the Police Station to assist counsel for the State, has also identified Ranjana Kumari. Ranjana Kumari has stated that since order dated February 11, 2009 has been complied with and FDR amounting to Rs.1,65,000/- has been deposited in the Court of District Judge, Ropar, she has no objection in case present FIR is quashed. The amount of FDR shall be released to Ranjana Kumari after divorce by way of mutual consent is granted. In view of the compromise arrived at between the parties, it is a fit case, whereby FIR can be quashed on the basis of reliance placed on a full bench judgment of this Court rendered in ‘Kulwinder Singh v. State of Punjab’ 2007 (3) RCR 1052 and judgment of Hon'ble Apex Court rendered in ‘B.S.Joshi v. State of Haryana’ 2003 (2) RCR (Criminal) 888. 2 Criminal Misc. No. M-28409 of 2008 In view of the law laid down in Kulwinder Singh’s case and B.S. Joshi’s case (supra) and keeping in view the compromise arrived at between the parties, present petition is accepted and impugned FIR along with all subsequent proceedings, is quashed. [KANWALJIT SINGH AHLUWALIA] JUDGE February 25, 2009 rps 3