High Court of Punjab and HaryanaCRM-M/8113/2025allowed

Dilraj Singh Bhinder v. State Of Punjab And Another

2025-05-29Mr. Justice Jasgurpreet Singh Puri14 pages

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8 $ " " C103 In CRMM182012024 *** DILRAJ SINGH BHINDER VS.

STATE OF PUNJAB AND ANR Joint Statement of Sh. Dilraj Singh Bhinder, son of Sukhdeep Singh Bhinder (petitioner) aged about 32 years, resident of House No. 2376, Phase 11, Mohali, presently, residing at Flat No. 795, SF Omaxe Cassia, BlockD, New Chandigarh & Smt. Armandeep Kaur, wife of Dilraj Singh Bhinder, daughter of Khuswant Singh Sidhu (respondent No. 2), resident of Flat No. 502, Ruby Tower2, Somdutt Landmark Society, Sector 116, Mohali.

1. We have compromised the matter with the intervention of the respectable.

2. PetitionerDilraj Singh Bhinder agrees to pay a sum of 85,00,000/ (Rupees Eighty Five Lacs only) to respondent No.2Armandeep Kaur in settlement of all the disputes with regard to arrears of maintenance towards her, as well as towards her minor child, namely, Azarbir Singh, aged 04

7 years. The said minor child shall remain in the custody of the motherArmandeep Kaur (respondent No.2). The petitionerDilraj Singh Bhinder shall not claim the custody of the minor child. The settlement is full and final regarding all the dispute inter se the parties, including the minor child.

3. The petitioner has already filed a petition under Section 13 of the Hindu Marriage Act, 1955, before the learned Family Court, SAS Nagar, Mohali. An application shall be moved before the Family Court for converting the said petition into a joint petition under Section 13B of the Hindu Marriage Act, 1955 or both the parties shall jointly file a petition under Section 13B of the Hindu Marriage Act, 1955, within a period of two weeks from today.

4. Both the parties shall assist each other for disposal of all the matters which are pending in various Courts inter se each other within a period of three weeks from today.

5. None of the parties shall resile from the terms and conditions of the compromise, which has been entered with their free consent and without any interference from anyone.

A0$ Sd/ Sd/ (Dilraj Singh Bhinder) & (Armandeep Kaur) Petitioner respondent No.2.

Itendified by: Sd/ A.P.S. Deol, Senior Advocate, for the petitioner. Sd/ Ms. G.K. Mann, Senior Advocate, for respondent No.2. Sd/ December 18, 2024 (Harpreet Kaur Jeewan) Judge"

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" CAnnexure P2

This settlement agreement is entered into between: DILRAJ SINGH BHINDERAGED ABOUT 32 YEARS SON OF SUKHDEEP SINGH BHINDER, RESIDENT OF HOUSE NO. 2376, PHSE XI, MOHALI PRESENTLY RESIDING AT FLAT NO. 795, SF, OMAXE CASSIA, BLOCK D, NEW CHANDIGARH (UID: 5456 5549 7443) ...FIRST PARTY AND

1. ARMANDEEP KAUR AGED ABOUT 29 YEARS WIFE OF DILRAJ SINGH BHINDER, DAUGHTER OF KHUSHWANT SINGH SIDHU RESIDENT OF FLAT NO 502, RUBY TOWER 2, SOMDUTT LANDMARK SOCIETY, SECTOR 116, MOHALI (UID NO. 7245 3414 8774)

2. AZARBIR SINGH BHINDER SON OF DILRAJ SINGH BHINDER (MINOR AGED ABOUT 4 YEARS), PRESENTLY UNDER GUARDIANSHIP OF ARMANDEEP KAUR MOTHER OF AZARBIR SINGH BHINDER.

...SECOND PARTY WHEREAS

1. That the marriage of Dilraj Singh Bhinder was solemnized with Armandeep Kaur on 14.02.2020. out of the wedlock, one male child namely Azarbir Singh Bhinder was born on 12.01.2021 who is currently in custody of Armandeep Kaur. Disputes and differences had arisen between the parties hereto, resulting hereto, besides other litigations, one FIR No.73 dated 20.03.2024 u/s 498A, 323, 506 IPC at PS Kharar against the First Party and his relatives at the instance of Armandeep Kaur (second party), arising out of which CRMM18201 of 2024 was filed by the first party before the Hon'ble Punjab and Haryana High Court at Chandigarh for grant of anticipatory bail.

2. The matter was referred to Mediation & Conciliation Centre of Punjab and Haryana High Court vide order dated 22.04.2024.

3. Several meeting held between the parties with

assistance of the Mediator/Conciliator for resolving the above mentioned disputes and differences. But no settlement could be arrived at and the matter was returned back to the Hon'ble High Court.

4. The parties hereto confirm and declare that they have voluntarily and out of their own free will have arrived at this settlement/compromise during the hearing of CRM M182012024 before HMJ Harpreet Kaur Jeevan, Judge Purijab and Haryana High Court.

5. That apart from the present CRMM18201, the following cases are pending before the parties: a. The first party has lodged FIR No. 545 dated 29.12.2022 U/s 308/323/341 IPC at PS Sohana against Armandeep Kaur (Second Party) b. The first party has also lodged FIR No. 74 dated 20.03.2024 U/s 323/341/506/148/149 IPC at PS Mataur against Armandeep Kaur (second party) and her relatives.

c. The second party (Armandeep Kaur) lodged FIR No. 73 dated 20.03.2024 u/s 498A,323,506 IPC at PS Kharar against the first party and his other relatives.

d. The first party has also filed petition under section 13 of the Hindu Marriage Act bearing HMA/231/2023 before the Principal Judge, Family Court Mohali wherein the Second Party has moved an application under section 24 for grant of maintenance e. The second party has filed petition under section 125 Cr.P.C. for grant of mainteriance bearing number MNT125/95/2023.

6. That both the parties have decided to settle all their past, present and future disputes and differences on the following terms and conditions:

a. It is agreed between the parties that Dilraj Singh Bhinder and Armandeep Kaur have decided to end up all their litigations and Armandeep Kaur have relinquished the past, present and future rights of any kind of herself and Azarbir Singh Bhinder on the First Party for a lumpsum & full and final sum of Rs. 85,00,000/ (Rs. Eight Five Lakh). This lumpsum

/ amount of Rs. 85,00,000/ (Rs. Eight Five Lakh) shall be paid by the first party to the second party in two installments i.e. of Rs.42,50,000/ each i.e. one installment on the date of first motion of Mutual Divorce Petition and second installment at the time of recording of final statement before the Ld. Principal Judge Family Court at Mohali regarding mutual divorce. There would be no further past, present or future claim of the second party and her minor son Azarbir Singh Bhinder of any kind against the first party and his parents or other relatives even after attaining the age of majority as the claim included the rights of the minor son Azarbir Singh Bhinder as well being lawful guardian and custodian of minor Azarbir Singh Bhinder.

b. That both the parties have decided that both of them will part ways from each other and the custody of the minor son namely Azarbir Singh Bhinder shall always remain with the second party. Both the parties will file a mutual divorce petition before the Family Court at Mohali as per this settlement amongst them and make their respective statements so as to get a decree of divorce by way of mutual consent.

c. It is agreed between the parties that all the articles lying with the second party including gold jewelry given to her in marriage by first party and his relatives shall remain with the second party and all the articles of the second party, if any, lying with the first party shall remain with the first party only and there would be no further claim of either of the parties qua any articles, gold jewelry etc against each other.

d. That it is also agreed that the first party and his other relatives shall file a petition before the Hon'ble Punjab and Haryana High Court for quashing of FIR No. 73 dated 20.03.2024 u/s 498A, 323, 506 IPC at PS Kharar and second party will make her statement giving her no objection for quashing of the said FIR before the Hon'ble High Court or any other court. e. That it is also agreed that the second party and her other relatives shall file a petition before the Hon'ble Punjab and Haryana High Court for quashing of FIR number 545 dated 29.12.2022, under section 308, 323, 341 IPC at PS Sohana, and the first party will make his statement and have no objection for quashing of the said FIR.

f. That it is also agreed that the second party and other relative shall file a petition before the Hon'ble Punjab and Haryana High Court for quashing of FIR number 74 dated 20.03.2024, under sections 323, 341, 506, 148, 14 9IPC at PS Mataur, and the first party will give his statement and have no objection for quashing of the said FIR.

g. That it has also been agreed between the parties that the first party shall withdraw his petition under section 13 of Hindu marriage act bearing ΗΜΑ/231/2023 oblique filed in the family court, Mohali, so as to enable both the parties to file a mutual divorce petition under section 13 B of the Hindu marriage act within one month from today. h. That it has also been agreed between the parties that the second party shall withdraw her application for grant of maintenance under section 24 and will also withdraw application under section 125 CRPC bearing number MNT125/95/2023 pending before the Ld. Principal Judge Family Court, Mohali as entire maintenance has been settled and received.

i. That it has been agreed between the parties that both the parties as well as all their relatives shall withdraw all the pending litigation filed against each other, within a period of one month from today. For the sad purpose, any application oblique affidavit shall be given by the respective parties, for which they shall give no objection against each other, if required.

j. That it has also been agreed between the parties that both the parties will not file or pursue any litigation. against each other as also against their other relatives and will not raise any further claim of any kind against each other or their respective families in future.

7. By signing this settlement/compromise the parties hereto state that they have no further claims or demands against each other as all the disputes and differences in this regard have been amicably settled by the parties with intervention of respective Senior Advocates appearing on behalf of the parties before the Hon'ble High Court. Both the parties further undertake that they shall not institute any other case against each other with reference to the present claim and any other claim

whatsoever.

8. That the parties undertake before the Hon'ble court to abide by the terms and conditions set out in this settlement/agreement and not to dispute the same here and after in future including that of Azarbir Singh Bhinder (minor)

9. That the parties to this agreement here by state that they have read the agreement, that they have understood the contents thereof and their execution of settlement/compromise is voluntary.

10. That it has been further agreed between the parties that in case of necessity, both the party shall be free to present the copy of the above compromise before any authority or court, if the same is required to witness the execution of the compromise or settle any pending controversy between the parties.

First Party Sd/ Dilraj Singh Bhinder 13.01.202.5 Second Party Sd/

1. Armandeep Kaur

2. Azarbir Singh Bhinder through his custodian and lawful guardian Armandeep Kaur (Mother)D ') A 2 $8 ! "!

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! 8 " C. That as per the compromise, a petition for divorce with mutual consent was filed before the Ld. Family Court and on the date of first motion as per the settlement the Petitioner had paid the first installemtn amounting to Rs.42,50,000/ to the deponent and the remaining amount i.e. Rs. 42,50,000/ is to be paid on the next date i.e. 25.08.2025 of recording of the second motion.

5. That in view of the compromise dated 13.01.2025 (Annexure P2) in CRMM81132025, the deponent does not want to pursue with the case and have no objection if the said FIR is quashed/cancelled." '+ > 88 ; 7< " res integra. # E$ C

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