Criminal Misc. No. M-7696 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-7696 of 2009 Date of Decision: 27.4.2009 Miss Amandeep Kaur and Others …Petitioner Versus Sukhwinder Kaur and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Pritam Saini, Advocate for the petitioners. Mr. P.S. Brar, Advocate for respondent No.1-complainant. Mr. Anter Singh Brar, Deputy Advocate General, Punjab, for respondent No.2-State. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been preferred under Section 482 Cr.P.C. seeking quashing of complaint dated 26.9.2007 (Annexure P3) and summoning order dated 27.10.2007 (Annexure P4) passed by the Judicial Magistrate Ist Class, Faridkot. Mr. P.S. Brar, Advocate, appearing for respondent No.1- complainant has stated that he has been instructed by complainant- respondent No.1 and her father Balvir Singh, who is present in the Court that in case Rs.4,00,000/- is paid towards permanent alimony, Criminal Misc. No. M-7696 of 2009 2 maintenance and expenses of the marriage, the dispute can be amicably resolved. It has been agreed that on the deposit of amount, the complaint (Annexure P3) can be quashed and parties will apply for grant of divorce by mutual consent. Mr. Pritam Saini, Advocate, appearing for the petitioners, on instructions from Bachittar Singh and Savinder Kaur, who are present in the Court, has stated that the amount of Rs.4,00,000/- shall be deposited in the trial Court on or before 28.5.2009. It has been held by Hon'ble the Apex Court in B.S.Joshi v. State of Haryana 2003 (2) RCR (Criminal) 888 that compromise not only promotes peace in the society but also saves parties from litigation. The view has been further reiterated by a Full Bench of this Court in Kulwinder Singh v. State of Punjab 2007(3) Recent Criminal Reports 1052. On deposit of the amount of Rs.4,00,000/-, the complainant shall be permitted to withdraw the complaint. Rs.2,00,000/- shall be disbursed to the complainant at the time of withdrawal of the complaint. The remaining amount of Rs.2,00,000/- shall be forwarded by the trial Court to the Court of the concerned District Judge, who after recording statement of parties and grant of divorce under Section 13-B of the Hindu Marriage Act, shall disburse the same to the complainant-wife. The amount shall be kept in FDR in favour of complainant-estranged wife, till grant of divorce. Mr. Saini submits that petitioners will cause appearance before the trial Court on or before 5.5.2009. In case petitioners cause appearance before the trial Court, Criminal Misc. No. M-7696 of 2009 3 their personal appearance will be exempted subject to filing an undertaking that they shall cause appearance as and when required and the evidence recorded in their absence but in the presence of their counsel shall be binding upon their. Trial Court may also specify any other condition in the undertaking to be furnished by the petitioners. On the furnishing of undertaking, the personal appearance of petitioners shall stand exempted. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge April 27, 2009 “DK”