DINESH MAHAJAN Vs. STATE OF PUNJAB
LAWS(P&H)-2014-4-33
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 21,2014

DINESH MAHAJAN Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

MEHINDER SINGH SULLAR, J. - (1.) THE matrix of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that, initially, in the wake of complaint of complainant Smt. Aarti Anand d/o Dharam Veer Anand -respondent No.2 (for brevity "the complainant"), a criminal case was registered against the petitioner -accused, vide FIR No.55 dated 8.9.2012 (Annexure P -1), on accusation of having committed the offences punishable under Sections 406 and 498 -A IPC by the police of Police Station Women Cell, Jalandhar City.
(2.) DURING the pendency of the petition for anticipatory bail (CRM No. M -31211 of 2012), filed by the petitioner, good sense prevailed and the parties have amicably settled their dispute, by virtue of settlement dated 13.8.2013 (Annexure P2) in CRM No. M -31211 of 2012, which, in substance is as under: - "Parties are present in person. Efforts for compromise made. The parties have not agreed to live together but have agreed to depart. They have stated at the Bar that petitioner Dinesh Mahajan shall pay a sum of Rs. 6,75,000/ - in full and final settlement of all the claims of complainant Aarti Anand in respect of dowry, maintenance etc. It has been further agreed that the dowry articles recovered during the pendency of the present petition shall be handed over to the complainant. The amount of Rs.2 lacs shall be paid by the petitioner to the complainant at the time of filing of petition under Section 13 -B of the Hindu Marriage Act for dissolving the marriage by mutual consent. The remaining amount shall be paid at the time of passing of the final decree in proceedings under Section 13 B of the Hindu Marriage Act. The present FIR shall also be quashed by mutual consent. The case under the Domestic Violence Act shall also be withdrawn at the time of filing of petition under Section 13 -B of the Hindu Marriage Act. Both the parties shall withdraw any other litigation pending between them and shall abide by the terms mentioned above. To come up on 8.10.2013, to comply with the above said terms." Having compromised the matter, now the petitioner -accused has preferred the present petition, to quash the impugned FIR (Annexure P - 1) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.PC, inter -alia, pleading that in pursuance of the indicated settlement, a joint petition for divorce was filed by the parties to dissolve their marriage by a decree of divorce by mutual consent under Section 13 -B of the Hindu Marriage Act, 1955 (hereinafter to be referred as "the Act"). They have complied with the remaining terms and conditions of the settlement. They have redressed their grievances and want to live peacefully in future. The complainant has no objection if the criminal case registered against the petitioner, by way of impugned FIR (Annexure P -1) is quashed. On the strength of aforesaid grounds, the petitioner -accused sought to quash the impugned FIR (Annexure P -1) and all other consequent proceedings arising thereto in the manner depicted here -in - above.
(3.) MEANING thereby, the parties have amicably settled their dispute. The law with regard to the settlement of matrimonial disputes by means of amicable settlement between the parties is no more res integra and is now well -settled.;


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