Crl. Misc. No.M-14687 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-14687 of 2009 (O&M) Decided on : 28-09-2011 Smt. Bhagwati Devi ....Petitioner VERSUS Picky Sharma alias Piki Sharma ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. G.S.Jaswal, Advocate for the petitioner Ms. Ekta Thakur, Advocate for the respondent MAHESH GROVER, J The instant petition under Section 482 Cr.P.C has been filed with a prayer to quash the complaint no. 38/08 under Section 138 of the Negotiable Instruments Act pending in the Court of Judicial Magistrate Ist Class, Faridabad on the ground that a similar complaint has been made before the Courts at Una, Himachal Pradesh. The genesis of the dispute inter se between the parties was a marital discord and during the attempts to resolve the issues, the parties have settled the matter and agreed to get the entire litigation settled including the criminal cases that have been generated on account of the aforesaid discord. The petitioner has agreed to pay permanent alimony amounting to Rs.6,25,000/- regarding which four cheques were given out of which two were honoured and regarding other two the payment was stopped which led to the filing of the instant complaint under Section 138 of the Negotiable Instruments Act. It was agreed by the parties that they would part ways mutually by effecting a divorce under Section 13B of the Hindu Marriage Act. Crl. Misc. No.M-14687 of 2009 (O&M) 2 Learned counsel for the petitioner contends that the payment qua two of the cheques was stopped because respondent has failed to append her signatures on the application for mutual divorce under Section 13 B of the Hindu Marriage Act. Notice of motion was issued and the respondent put in apperance to state that she still stood by the compromise and is willing to append her signatures to the application for mutual divorce under Section 13 B of the Hindu Marriage Act provided her alimony is settled. Learned counsel for the petitioner has brought two drafts bearing nos. 387811 and 387812 dated 27.9.2011 and amounting to Rs.2,25,000/- and Rs.2,00,000/- respectively. The photocopies of the drafts have been placed on record and the original have been given to the respondent who is present in Court. She has also signed the petition for mutual divorce and has further stated that by way of a separate statement that she will appear before the Court of competent jurisdiction to make a statement in terms of the compromise. In view of the fact that the entire amount of alimony has been paid in the Court to the respondent, I am of the considered opinion that persistence with the proceedings under Section 138 of the Negotiable Instruments Act would be a sheer abuse of the process of law and will also be unjust. Consequently, the instant petition is allowed and complaint no. 38/08 under Section 138 of the Negotiable Instruments Act pending in the Court of Judicial Magistrate Ist Class, Faridabad and all consequent proceedings arising therefrom are hereby quashed. September 28, 2011 (Mahesh Grover) rekha Judge