IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-8774 of 2009 (O&M) Date of decision: 31st March, 2009 Rajesh Kumar and others … Petitioners Versus State of Haryana and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sapan Dhir, Advocate for the petitioners. Ms. Meena Bansal, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of the FIR No. 19 dated 27.01.2002 registered at Police Station City Dabwali, District Sirsa under Sections 498-A, 406, 323, 506 IPC. Counsel for the petitioners has submitted that after the husband and his relations were convicted at the instance of estranged wife, the parties have started living together and have resumed their marital relationship. Counsel has further submitted that FAO No. 313 of 2005 was dismissed and decree of divorce was also affirmed. It has further been submitted that an application is being filed to recall the order passed in FAO No. 313 of 2005, in changed circumstances. Appellate Court below is directed to verify the factum of compromise and as to whether the parties have started living together or not. Once the appellate Court below comes to the conclusion that parties Criminal Misc. No. M-8774 of 2009 (O&M) have resumed their marital relationship and are living as husband and wife and that decree of divorce is annulled by this Court, on an application filed by the petitioner, appellate Court, taking the same as mitigating circumstance, shall determine the quantum of sentence or appellate Court may grant probation under Probation of Offenders Act to the petitioners. Till the factum of compromise is verified and order of recalling decree of divorce is placed before the appellate Court, further proceedings shall be kept in abeyance. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE March 31, 2009 rps 2