Gurdev Singh and Others vs Manjit Kaur

Sabina, J.—Petitioners have filed this petition u/s 482 of the Code of Criminal Procedure, 1973 seeking quashing of the complaint No. 223 dated 13.08.2007 titled as "Manjit Kaur Vs. Gurdev Singh and others" registered under Sections 420, 494 and 120-B of the Indian Penal Code, 1860 (in short ''IPC'') and the summoning order dated 31.08.2009 (Annexure P-3) and all the subsequent proceedings arising therefrom. Learned counsel for the petitioners has submitted that decree of divorce had been passed in favour of the petitioner No. 1 on 01.12.2005. Aggrieved against the said judgment and decree, respondent preferred an appeal. During the pendency of FAO No. 32-M of 2006, parties had amicably settled their dispute and the respondent withdrew the appeal filed by her challenging the decree of divorce passed in favour of petitioner No. 1-Gurdev Singh. After the grant of decree of divorce, petitioner No. 1 had performed marriage with Jeeto alias Harjit Kaur. Since the matter has been amicably settled between the parties, continuation of criminal proceedings against the petitioners would be nothing but abuse of process of law.

Learned counsel for the respondent, on the other hand, has opposed the petition.

In the present case, Gurdev Singh-petitioner No. 1 got married to the respondent-Manjeet Kaur on 18.01.1995. Two children were born to them out of the said wedlock. However, due to some matrimonial discord between the parties, petitioner No. 1 filed a petition u/s 13 of the Hindu Marriage Act, 1955 seeking decree of divorce. The said petition was allowed and decree of divorce was passed in favour of petitioner No. 1-Gurdev Singh. Against the said decree of divorce passed in favour of petitioner No. 1-Gurdev Singh, respondent preferred FAO No. 32-M of 2006. In the said proceedings, parties had amicably settled their dispute.

Statement of the respondent recorded in the said proceedings reads as under:-

I have compromised with Gurdev Singh - respondent. Under the compromise he has paid me Rs. 2,19,000/- vide two FDRs, for a sum of Rs. 1,09,500/- each, in favour of Baby Gurleen Singh and Baby Jasmeet Kaur, towards their maintenance. As per agreement, I withdraw appeal bearing F.A.O. No. 32-M of 2006, filed by me against the decree of divorce granted by Additional District Judge, Ferozepur dated 01.12.2005.

On the basis of the said statement, FAO No. 32-M of 2006 was dismissed as withdrawn vide order dated 05.02.2008 (Annexure P-1). Respondent had also filed a complaint under Sections 3/4 of the Dowry Prohibition Act, 1961 and Section 498-A IPC. The said petition was dismissed by the Chief Judicial Magistrate, Ferozepur vide order dated 23.10.2007 (Annexure P-4).

The complaint in question has arisen on account of marriage performed by petitioner No. 1-Gurdev Singh, after he was granted a decree of divorce. Since the respondent has got her appeal challenging the decree of divorce granted in favour of petitioner No. 1 dismissed as withdrawn, therefore, continuation of criminal proceedings on the basis of the complaint in question (Annexure P-2) would be nothing but abuse of process of law. Petitioner No. 1 Gurdev Singh had got married to Jeetu alias Harjit Kaur after he was granted a decree of divorce. In these circumstances, continuation of criminal proceedings against the petitioners would be nothing but abuse of process of law. Accordingly, this petition is allowed. Complaint No. 223 dated 13.08.2007 titled as "Manjit Kaur Vs. Gurdev Singh and others" registered under Sections 420, 494 and 120-B IPC and the summoning order dated 31.08.2009 (Annexure P-3) are quashed.