IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-12848 of 2009 Date of decision: 25th May, 2009 Dinesh Kumar and another … Petitioners Versus State of Haryana and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. S.P. Chahar, Advocate for the petitioners. Mr. S.S. Kharb, Assistant Advocate General, Haryana for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.157 dated 01.04.2008 (Annexure P-1) registered at Police Station City Gurgaon under Sections 498-A, 406, 506, 34 IPC. In the present case, quashing has been sought on the basis of compromise. It is stated that matrimonial dispute between the parties has been resolved and they have also obtained divorce under Section 13-B of Hindu Marriage Act, by way of mutual consent. Counsel for the State has filed reply, in which it has been stated that untraced report has been submitted by SHO, Police Station City Gurgaon on 15th April, 2008, in the present case on the basis of FIR. Hari Kishan HC is present in Court today. He has stated that untraced report has been submitted in the Court of Area Judicial Magistrate. Criminal Misc. No. M-12848 of 2009 Concerned Area Judicial Magistrate is directed to take final decision on the untraced report submitted by the investigating agency on an application filed by the petitioner. In case untraced report is not accepted, petitioner will be at liberty to approach this Court. Needless to say, once parties have arrived at a compromise and untraced report has been submitted, the trial Court shall be guided by the principles laid by Hon'ble Apex Court in ‘B.S.Joshi v. State of Haryana’ 2003 (2) RCR (Criminal) 888 and by a full bench of this Court in ‘Kulwinder Singh and others v. State of Punjab and another’, 2007 (3) RCR (Criminal) 1052. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE May 25, 2009 rps 2