IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.30639 -M of 2009 DATE OF DECISION : MAY 10, 2010 DEEPAK SHARMA ....... PETITIONER(S) VERSUS STATE OF PUNJAB .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Sanjiv Gupta, Advocate, for the petitioner(s). Ms. Rajni Gupta, Addl.AG, Punjab. AJAI LAMBA, J. (Oral) This petition under Section 438, Code of Criminal Procedure, has been filed for bail in case FIR No.436 dated 23.9.2009 under Sections 406, 498-A, 324, 506, Indian Penal Code, Police Station, Kotwali, Patiala. It transpires that through Mediation Centre, the disputes between the parties have been settled on 17.3.2010. Learned counsel for the respondent-State states that in view of the settlement of issues between the parties, the FIR needs to be cancelled, which step shall be taken by the Investigating Agency. I have considered the issue. Criminal Misc. No.30639 -M of 2009 2 The following has been recorded by the Mediator in the proceedings dated 17.3.2010:- “Mediation case No.449 of 2009 in CRM No.30639, 29362 & 29349 of 2009 Present: Sh. Deepak Sharma-petitioner in person. Smt. Meenakshi Sharma-respondent with her father Sh. Bram Parkash and friend- Sh. Harvinder Kumar. *** In terms of order dated 15.1.2010, the petitioner- Deepak Sharma has purchased a house which has been seen by the respondent-Meenakshi Sharma and they also gone through the registry. Since the house is in the joint name of Deepak Sharma and Meenakshi Sharma, the parties have now agreed to live together in the said house and Deepak Sharma has also agreed to support Meenakshi Sharma and his children in the said house. Accordingly, the parties have now compromised the matter and accordingly the FIR No.436 dated 23.9.2009 under Sections 406, 498-A, 324 and 506 IPC, Police Station Kotwali, Patiala which was at the instance of Meenakshi Sharma shall be deemed to be withdrawn and accordingly the criminal misc. petitions filed by Deepak Sharma and his family members shall also be withdrawn by making a statement in the Court. Since the FIR shall be withdrawn by complainant-Meenakshi Sharma, petitioner or his family members shall not initiate any other legal actions regarding the said FIR nor Meenakshi Sharma will further pursue the said FIR. In view of this, the copy of the registry according to which house is in the joint name of Deepak Sharma and Meenakshi Sharma is placed on record (mark flag-A). let the case be placed before the Hon'ble Court for passing appropriate orders. In view of the settlement arrived at between the parties, both the parties have signed the said settlement deed in the presence of the Mediator today i.e. Criminal Misc. No.30639 -M of 2009 3 17.3.2010 in the Mediation Centre. Deepak Sharma (petitioner) sd/- Meenakshi Sharma (respondent) sd/- Bram Parkash (father) sd/- Harvinder Kumar (friend) sd/- 17.03.2010 sd/- (G.S. Sawhney) Mediator” A perusal of the above portion indicates that all the disputes between the parties have been settled. In view of the above, the petition is allowed. The petitioner shall not be taken into custody and shall be released on bail to the satisfaction of the Investigating Officer. It is further directed that the Investigating Officer shall take into account the above extracted settlement and, thereafter, finalise the report within 15 days from today, so that no harassment is caused to the petitioner. May 10, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? Whether the judgment should be reported in the Digest?