Criminal Misc. No. M-10298 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-10298 of 2009 Date of Decision: 5.5.2009 Ajay Lodha …Petitioner Versus State of Haryana and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. G.K. Khanna, Advocate for Mr. Puneet Bali, Advocate for the petitioner. Mr. S.S. Mor, Senior Deputy Advocate General, Haryana, for respondent No.1-State. None for respondent No.2. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 17 dated 27.1.2009 registered at police Station Sushant Lok, District Gurgaon, under Sections 498-A, 406 & 34 IPC. Earlier, petitioner had filed Criminal Misc. No. M-6286 of 2009 in which statements of Ajay Lodha, petitioner and complainant Payal Jain were recorded. The same be read as part of this order. Thereafter, a detailed order had been passed in Criminal Misc. No. M-6286 of 2009. The same be also read as part of this order. Criminal Misc. No. M-10298 of 2009 2 Perusal of statements of Ajay Lodha, petitioner (Annexure P2), statement of complainant Payal Jain (Annexure P3) and order (Annexure P4) reveal that the parties to the marriage had arrived at compromise and they have agreed to part company and file petition under Section 13-B of Hindu Marriage Act. The amount of Rs.7,50,000/- was to be deposited by way of two Fixed Deposit Receipts in the Court of the District Judge, Gurgaon. On 18.4.2009, this Court had passed the following order:- “Counsel has relied upon statement made by the petitioner and respondent No.2 (Annexures P- 2 and P-3, respectively) in this Court and the order dated 31st March, 2009 (Annexure P-4) passed by this Court. Counsel has further submitted that FDR in terms of the statement made by the parties, has been deposited with the District Judge, Gurgaon. Counsel has further submitted that a joint petition under Section 13-B of the Hindu Marriage Act (Annexure P-6) has been instituted in the Court of District Judge, Gurgaon and parties have made a joint statement (Annexure P-7) in the Court of the District Judge, Gurgaon. Issue notice of motion for 5th May, 2009. Report of District Judge, Gurgaon, be also sought by the registry through FAX regarding deposit of the FDR”. The District Judge, Gurgaon, has reported that Fixed Deposit Criminal Misc. No. M-10298 of 2009 3 Receipts have been deposited. Statements of Ajay Lodha, petitioner, and Payal Jain, respondent No.2-complainant, have been recorded. In view of this, present petition is to be accepted. It has been held 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. In view of the ratio of law laid down in B.S. Joshi's case (supra) and Kulwinder Singh's case (supra), the present petition is accepted and the impugned FIR along with all consequential proceedings is quashed against the petitioner and his family members. As agreed between the parties, after quashing of FIR, District Judge, Gurgaon, will disburse the Fixed Deposit Receipt to respondent No.2. (Kanwaljit Singh Ahluwalia) Judge May 5, 2009 “DK”