Crl. Misc. No.M-51586 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-51586 of 2007 Date of decision : 8.04.2010 Satwinder Kumar .... Petitioner VERSUS Union Territory, Chandigarh and another ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Vikas Behl, Advocate, for the petitioner. None for the respondents. KANWALJIT SINGH AHLUWALIA, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.228 dated 05.06.2007 registered at Police Station Sector-34, Chandigarh under Sections 406, 420 and 498-A IPC. In the short, petitioner who is a husband, seeks quashing of the FIR on the ground that as per the terms of the compromise, arrived at between the parties, after receiving payment, respondent no.2 has not kept her words to facilitate quashing of FIR. Therefore, by way of this petition, quashing of FIR is sought for. It is pleaded in the petition that the petitioner was married with respondent no.2 – Paramjeet Kaur on 27.08.2006. Thereafter, parties agreed to separate and petitioner had paid remaining Rs.2.50 lacs by way of bank draft towards full and final settlement of the claim of respondent No.2 – aggrieved wife. Crl. Misc. No.M-51586 of 2007 -2- Counsel has relied upon affidavit of Paramjeet Kaur (Annexure P-1) and receipt Annexure P-2 which depict return of dowry articles and payment of Rs.2.50 lacs. It is further stated that Rs.25,000/- more was given by receipt Ex.P-3. A Coordinate Bench while issuing notice of motion passed the following order on November 19, 2007:- “Learned counsel for the petitioner contends that after short stay of complainant – respondent No.2 with the petitioner in the matrimonial home after the marriage, differences cropped up and the matter was ultimately settled and affidavit dated 6.11.2006 (Annexure P-1) was sworn by the complainant – respondent No.2 along with list of articles Annexure P-2. It is also contended that in pursuance of compromise, all the dowry rticles including gold ornaments were returned to the complainant –respondent No.2, besides Bank draft of Rs.2,50,000/- paid to her by the petitioner in full an final settlement of her claim. But, after encashment of the said bank draft, the instant First Information Report has now been lodged on 5.6.2007. It is also contended that the complainant – respondent No.2 has not stated in the First Information Report about receipt of Rs.2,50,000/- by way of bank draft from the petitioner. Notice of motion for 19.2.2008. Meanwhile investigation shall continue but presentation of report under Section 173 of the Code of Criminal Procedure shall remain stayed.” Office has reported that fresh notices issued in terms of order dated 19.02.2008 was served upon respondent no.2. Respondent no.2 has opted not to appear in this Court. Counsel for the petitioner has relied upon Mohd. Shamim Crl. Misc. No.M-51586 of 2007 -3- versus Smt. Nahid Begum, 2005(3) SCC 302 where Hon'ble the Apex Court has held that where wife after entering into settlement and receiving the amount back out of compromise, continuation of criminal proceedings will be an abuse of process of law. In support of this, reliance has also been placed on Ruchi Agarwal versus Amit Kumar Agrawal, 2005(3) SCC 299. Relying upon these two judgments, a Single Bench of this Court in Kamal Kishore and others versus State of Punjab and another, 2006(2) RCR (Criminal) 342 has also quashed the proceedings. I find no reason to record a different view. Therefore, in consonance with the ratio of law propounded in Mohd. Shamim's case (supra), Ruchi Agarwal's case (supra) and Kamal Kishore's case (supra), the present petition is accepted and the impugned FIR along with subsequent proceedings is quashed. However, as a matter of abundant caution, liberty is granted to respondent no.2, who has not caused appearance in this Court, to seek recall of this order, in case, genuineness of affidavit (Annexure P-1) and receipts (Annexures P-2 and P-3) is undercloud. (KANWALJIT SINGH AHLUWALIA) 8.04.2010 JUDGE manju