IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Date of Decision: May 12, 2010 1. Criminal Miscellaneous No. M-3205 of 2010 Raj Kumar & Others .....PETITIONER(S) VERSUS State of Punjab & Another .....RESPONDENT(S) . . . 2. Criminal Miscellaneous No. M-6714 of 2010 Sapna .....PETITIONER(S) VERSUS State of Punjab & Another .....RESPONDENT(S) . . . 3. Criminal Miscellaneous No. M-25419 of 2009 Arun Kumar @ Bunty & Another .....PETITIONER(S) VERSUS State of Haryana & Another .....RESPONDENT(S) . . . Crl. Misc. No. M-3205 of 2010 [2] 4. Criminal Miscellaneous No. M-36348 of 2009 Pushpa .....PETITIONER(S) VERSUS Nisha Sallan .....RESPONDENT(S) . . . 5. Criminal Miscellaneous No. M-5405 of 2010 Raj Kumar .....PETITIONER(S) VERSUS Nisha Sallan .....RESPONDENT(S) . . . 6. Criminal Miscellaneous No. M-5417 of 2010 Sanjhi Ram .....PETITIONER(S) VERSUS Nisha Sallan .....RESPONDENT(S) . . . Crl. Misc. No. M-3205 of 2010 [3] 7. Criminal Miscellaneous No. M-5422 of 2010 Prabhat Kumar .....PETITIONER(S) VERSUS Nisha Sallan .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Vinod S. Bhardwaj, Advocate. Mr. G.S. Jaswal, Advocate. Mr. A.P.S. Luna, Advocate. Mr. V.K. Sachdeva, Advocate. Ms. Rajni Gupta, Additional Advocate General, Punjab. Mr. Tarun Aggarwal, Senior Deputy Advocate General, Haryana. . . . AJAI LAMBA, J (Oral) This shall dispose of a Bunch of petitions viz. Criminal Miscellaneous No.M-3205 of 2010 titled `Raj Kumar & Others vs. State of Punjab & Another’; Criminal Miscellaneous No.M-6714 of 2010 titled `Sapna vs. State of Punjab & Another’; Criminal Miscellaneous Crl. Misc. No. M-3205 of 2010 [4] No.M-25419 of 2009 titled `Arun Kumar @ Bunty & Another vs. State of Haryana & Another’; Criminal Miscellaneous No.M-36348 of 2009 titled `Pushpa vs. Nisha Sallan’; Criminal Miscellaneous No.M-5405 of 2010 titled `Raj Kumar vs. Nisha Sallan’ Criminal Miscellaneous No.M-5417 of 2010 titled `Sanjhi Ram vs. Nisha Sallan’; and Criminal Miscellaneous No.M-5422 of 2010 titled `Prabhat Kumar vs. Nisha Sallan’ as all these petitions relate to families who have traded litigation, however have settled all the disputes by way of amicable settlement. Under the circumstances, it is appropriate to deal with all the cases together. In Criminal Miscellaneous No.M-36348 of 2009 titled `Pushpa vs. Nisha Sallan’; Criminal Miscellaneous No.M-5405 of 2010 titled `Raj Kumar vs. Nisha Sallan’ Criminal Miscellaneous No.M-5417 of 2010 titled `Sanjhi Ram vs. Nisha Sallan’; and Criminal Miscellaneous No.M-5422 of 2010 titled `Prabhat Kumar vs. Nisha Sallan’, prayer has been made under Section 482 Cr.P.C. for quashing complaint No.309/2/08 dated 12.4.2008 titled `Nisha vs. Prabhat Kumar & Others’ for commission of offence under Section 12 of the Protection Of Women From Domestic Violence Act, 2005 (hereinafter, referred to as, Crl. Misc. No. M-3205 of 2010 [5] `the Act’). Criminal Miscellaneous No.M-25419 of 2009 titled `Arun Kumar @ Bunty & Another vs. State of Haryana & Another’ has been filed under Section 482 Cr.P.C. for quashing FIR No.142 dated 16.6.2009 under Sections 384, 406, 506 IPC, registered with Police Station, Sushant Lok, Gurgaon. FIR has been lodged at the instance of Prabhat Kumar through power of attorney holder Raj Kumar who is brother of Prabhat Kumar. Criminal Miscellaneous No.M-6714 of 2010 titled `Sapna vs. State of Punjab & Another’ and Criminal Miscellaneous No.M-3205 of 2010 titled `Raj Kumar & Others vs. State of Punjab & Another’ have been filed under Section 482 Cr.P.C. for quashing FIR No.154 dated 5.12.2009 under Sections 406, 498-A IPC registered with Police Station, Division No.2, Jalandhar. FIR has been registered at the instance of respondent No.2, Siri Chand Sallan who is father of Nisha. All the cases are being taken up together in view of the fact that they arise on account of matrimonial dispute between Nisha daughter of Siri Chand Sallan and Prabhat Kumar son of Sanjhi Ram. The facts in brief are that Prabhat Kumar was married to Nisha on 15.2.2007. It seems Crl. Misc. No. M-3205 of 2010 [6] that Prabhat Kumar was settled in United States of America (USA), and after marriage left for USA. Later, Nisha joined her matrimonial home with Prabhat Kumar in USA on 11.6.2007. It seems that on account of temperamental differences, Nisha and Prabhat Kumar sought a decree of divorce by mutual consent in Courts at USA. Be that as it may, the two approached the Superior Court of Gwinnett County, State of Georgia in USA. The said Court in USA vide judgment dated 8.10.2008 granted divorce. Nisha, it seems that being aggrieved, in the meantime, had filed complaint No.309/2/08 on 12.4.2008. In regard to another incident, Prabhat Kumar, through his power of attorney Raj Kumar, had lodged FIR No.142 dated 16.6.2009 under Sections 384, 406, 506 IPC registered with Police Station, Sushant Lok, Gurgaon. Father of Nisha namely Siri Chand Sallan lodged FIR No.154 dated 5.12.2009 under Sections 406, 498-A IPC registered with Police Station, Division No.2, Jalandhar. Learned counsel for the parties, with their sincere efforts, have been able to convince their respective clients i.e. Crl. Misc. No. M-3205 of 2010 [7] petitioners and respondents in all the cases, referred to above, and accordingly, the petitioners and respondents have settled all their disputes amicably. The complaint/ FIRs filed are sought to be withdrawn/ quashed by intervention of this Court. Separate affidavits have been filed which are hereby taken on record. It has been brought out that a sum of Rs.2,75,000/- has been given from the side of Prabhat Kumar to the father of Nisha namely Siri Chand Sallan, who is present in Court as identified by his lawyer Mr. V.K. Sachdeva, Advocate. Sh. Siri Chand Sallan states that all the disputes between the parties have been settled on receipt of the said amount by way of Demand Draft bearing No.041639 dated 8.5.2010 in favour of Siri Chand Sallan for a sum of Rs.2,75,000/- issued by HDFC Bank Limited, DLF, Gurgaon and payable at Jalandhar. Photocopy of the Demand Draft is retained on record. Having considered the issue, I am of the view that parties want to live in peace and harmony. Continuance of proceedings as a result of the proceedings under the Protection Of Women From Domestic Violence Act, 2005 and the FIRs pending against the parties shall disturb Crl. Misc. No. M-3205 of 2010 [8] peace and harmony in their family. The wife and husband namely Nisha and Prabhat Kumar are settled and living separately in USA, and are not even in India. It is only the parents and other relatives of the said wife and husband who are trading litigation. Parties undertake not to rake up the old issues and not to file any other complaint/FIR against each other in view of the fact that all the disputes have been settled. In view of the categoric stand of the petitioners and respondents, all the petitions are hereby allowed. In view of the above, complaint No.309/2/08 dated 12.4.2008 titled `Nisha vs. Prabhat Kumar & Others’ under Section 12 of the Protection Of Women From Domestic Violence Act, 2005; FIR No.142 dated 16.6.2009 under Sections 384, 406, 506 IPC, registered with Police Station, Sushant Lok, Gurgaon; and FIR No.154 dated 5.12.2009 under Sections 406, 498-A IPC registered with Police Station, Division No.2, Jalandhar are hereby quashed. (AJAI LAMBA) May 12, 2010 JUDGE avin Crl. Misc. No. M-3205 of 2010 [9] 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?