FAO No. M-317 of 2008 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-317 of 2008 (O&M) Date of decision : 21.2.2011 Gurmit Kaur ..... Appellant vs Rupinder Singh ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. D. K. Kaushal, Advocate, for the appellant. Mr. Balram Singh, Advocate, for the respondent. Rajesh Bindal J. Challenge in the present appeal is to the judgment and decree dated 6.10.2008 of the learned court below whereby petition filed by the respondent husband under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”), for dissolution of marriage, was accepted. During the pendency of the appeal before this court to explore possibility of reconciliation, the matter was referred to the Mediation and Conciliation Centre in the High Court, where the same was compromised on 6.12.2010. Today both the parties were present in person in court. They have been identified by their respective counsels. As agreed between the parties, the husband has paid ` 4,00,000/- to the wife vide demand draft no. 351144 dated 13.12.2010 drawn on State Bank of Patiala, Guru Harsahai and also handed over two FDR issued by Punjab National Bank, Guru Harsahai, amounting to ` 2,00,000/- each bearing Account Nos. DMU004825, DMU004826 dated 13.12.2010 in the name of minor daughters namely Nimrat Sandhu and Simrat Sandhu respectively. In terms of the agreement, the wife has also made statement before this court today regarding withdrawal of cases filed by her against the husband and his family members, which is extracted as under:- “I had filed appeal against the judgment and decree of Additional District Judge, Ferozepur dissolving the marriage with Rupinder Singh. The appeal was admitted. FAO No. M-317 of 2008 -2- During the pendency of appeal, application for maintenance was filed. At that stage, the matter was sent to the Mediation & Conciliation Centre in this court, where it was settled on 6.12.2010. In terms thereof, the husband is to pay ` 4,00,000/- to me and fixed deposit of ` 2,00,000/- each in the names of two daughters, who are living with me, as full and final settlement. It was also settled that all other cases filed by me shall be withdrawn. Today, I have received in court a demand draft bearing No. 351144 dated 13.12.2010 drawn on State Bank of Patiala, Guruharsahai amounting to ` 4,00,000/- in my favour and two fixed deposit receipts of ` 2,00,000/- each in the names of my daughters, namely, Nimrat Sandhu and Simrat Sandhu. In view of the settlement of dispute before the Mediation & Conciliation Centre in this court on 6.12.2010, I do not want to pursue the present appeal and the same be dismissed as withdrawn. In terms of the settlement, application filed by me along with my two daughters under Section 125 Cr.P.C. seeking maintenance, which is pending in the court of Judicial Magistrate Ist Class, Gidderbaha may be treated as withdrawn. The complaint filed under Sections 406/408/420 IPC etc., titled as “Gurmit Kaur v. Rupinder Singh and others”, pending in the court of Judicial Magistrate Ist Class, Gidderbaha be treated as withdrawn in view of the settlement of dispute before this court. Criminal Misc. No. M-36104 of 2009 filed by me challenging the order passed by Judicial Magistrate Ist Class, Gidderbaha for not granting the maintenance be also treated as withdrawn.” The appellant, who is present in person, submitted that she does not want to pursue the present appeal and the same be dismissed as withdrawn in view of compromise between the parties. FAO No. M-317 of 2008 -3- In view of the above, the appeal filed by the appellant is dismissed as withdrawn. Copy of the order be sent to the learned Judicial Magistrate 1st Class, Girdderbaha, to dispose of the cases referred to in the statement of the appellant as withdrawn. Registry of this court is directed to place a copy of this order with the file of Criminal Misc. No. M-36104 of 2009 and the same be also treated as dismissed as withdrawn. 21.2.2011 (Rajesh Bindal) vs Judge