Criminal Misc. No. M-11398 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. 1. Criminal Misc. No. M-11398 of 2009 Date of Decision: 27.5.2009 Gurnam Singh and Another …Petitioners Versus State of Punjab …Respondent AND 2. Criminal Misc. No. M-14483 of 2009 Kulbir Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Rajiv Kumar Trikha, Advocate for the petitioners. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) By this common order, two Criminal Misc. Nos. M-11398 of 2009 titled as “Gurnam Singh & Another v. State of Punjab” and M- 14483 of 2009 titled as “Kulbir Singh v. State of Punjab” will be decided together. In the present case, petitioners have sought pre-arrest bail in Criminal Misc. No. M-11398 of 2009 2 case FIR No. 127 dated 28.3.2009 registered at Police Station Division No. 4, Jalandhar, under Sections 406, 420, 498-A & 120-B IPC. During the pendency of petitions, it has been stated that a compromise has been arrived between the parties. The fact of compromise has been pleaded in Criminal Misc. No. M-14483 of 2009. The compromise arrived between the parties, as pleaded, read as under:- “1. That the second party shall pay a total sum of Rs.5 lacs to the first party as full and final settlement towards her past, present and future alimony. Out of the total amount of Rs.5 lacs, a sum of Rs.2 lacs shall be paid by the second party to the first party at the time of first hearing of the anticipatory bail application of the husband Kulbir Singh son of Shri Harnam Singh before the Hon'ble Punjab and Haryana High Court by way of demand draft. The balance amount of Rs.3 lacs shall be paid by the second party to the first party by way of demand draft at the time of disposal of the petition to be filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No. 127 dated 28.3.2003 registered under Sections 420, 406, 498- A, 120-B of the Indian Penal Code at Police Station Division No.4, Jalandhar before the Hon'ble Punjab and Haryana High Court. Criminal Misc. No. M-11398 of 2009 3 2. That it is further agreed between the parties that both the parties shall file a petition under Section 13-B of the Hindu Marriage Act for grant of a decree of divorce by way of mutual consent at District Court, Jalandhar. 3. That the entire Istridhan has already been handed over to the first party by the second party and now nothing is due towards second party on account of Istridhan. 4. That this settlement is full and final between the parties and neither of the parties shall claim or file any petition for damages against each other on account of the litigation between the parties or on account of any maintenance past, present or future. However, if any of the parties withdrew from the terms and conditions of this compromise deed, the other party shall have a right to claim damages from the other party on that account”. Complainant is present in the Court along with her counsel Mr. B.D. Sharma, Advocate. Mr. B.D. Sharma, Advocate, has identified the complainant-estranged wife. A draft of Rs.2,00,000/- has been handed over to the complainant-estranged wife. Photocopy of the draft is retained on the record of Criminal Misc. No. M-14483 of 2009. In view of compromise arrived between the parties, pre-arrest bail is granted to the petitioners subject to their furnishing bail bonds to Criminal Misc. No. M-11398 of 2009 4 the satisfaction of the Investigating Officer. Petitioners shall abide by the terms & conditions specified under Section 438(2) Cr.P.C. With the observations made above, the present petitions are disposed off. (Kanwaljit Singh Ahluwalia) Judge May 27, 2009 “DK”