AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
23 paragraphs · 382 wordsAjai Lamba, J.—This petition has been filed u/s 482, Code of Criminal Procedure, praying for quashing of FIR No.234 dated 10.12.2005
u/s 498-A, Indian Penal Code, Police Station, Dhariwal, District Gurdaspur (Annexure P-1).
Learned counsel for the petitioner and respondent No.2 contend that because of a matrimonial dispute, the FIR was lodged at the instance of
respondent No.2. All the disputes between the parties have been settled. So much so, decree of divorce by mutual consent has already been
granted. Respondent No.2 gave statement dated 28.1.2011 before the Additional District Judge, Gurdaspur. Certified copy of the statement has
been produced in court today and taken on record.
Following are the contents of the statement made by respondent No.2:
Petitioner no.2 is my husband. My marriage was solemnized with him on 20.8.2003 and we lived together as husband and wife at Ludhiana. No
child took birth from this wedlock and due to indifferent attitude and temperaments we could not live together as husband and wife and due to the
intervention of respectables we decided to broke down the marriage by mutual consent. I have received Rs.3,00,000/-(three lacs) regarding my
istridhan and dowry articles. Nothing due towards my husband. I undertake to withdraw all the proceedings against my husband. I will not file any
case in future against my husband regarding maintenance and dowry articles. Our marriage may be dissolved by way of decree of divorce with
mutual consent.
Respondent No.2-Mrs.Reetu Balal alias Ritu alias Gitanjali, as identified by her counsel Shri AS Manaise, Advocate, is present in court, and
states that all her disputes with the petitioner have been settled. She has taken divorce and wants to settle in her new life. She further states that she
is not ready to prosecute the petitioner.
Learned counsel for the respondent-State contends that because the disputes have been settled by way of compromise, the State would have
no objection to the quashing of the FIR.
In view of the fact that respondent No.2 is not ready to prosecute the petitioner, no purpose in law will be served by continuance of
proceedings.
The petition is, accordingly, allowed.
FIR No.234 dated 10.12.2005 u/s 498-A, Indian Penal Code, Police Station, Dhariwal, District Gurdaspur (Annexure P-1) and subsequent
proceedings, are hereby quashed.