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Sanjeev Kumar and Others vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 16 October 2007 · Citation: (2007) 10 P&H CK 0148

HON’BLE JUDGES
Surya Kant, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 406, 498A
CASE NUMBER
Criminal Miscellaneous No. 41147-M of 2007
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Judgment

7 paragraphs · 361 words

Surya Kant, J.—The prayer in this petition is to quash FIR No. 108 dated 17.7.2002, under Sections 406/498-A IPC, registered at Police Station Division No. 8, Jalandhar and all subsequent proceedings arising there from.

2.

The marriage between Petitioner No. 1 and Respondent No. 2 was solemnized on 4.5.1997. Two children were born out of the wedlock. As per the Petitioners'' case, due to temperamental differences, Respondent No. 2-the complainant got the aforesaid FIR registered against him and his family members.

3 It is further averred that with the intervention of the respectables and relatives, the matrimonial dispute has since been compromised and in terms thereof, Petitioner No. 1 and Respondent No. 2 have parted ways by way of decree of divorce by mutual consent. A compromise deed arrived at between the parties has also been placed on record.

4.

In response to the notice of motion, Respondent No. 2- complainant has also put in appearance and separately deposed on oath in support of the prayer made in this petition. She too has accepted the above noticed stand taken by the Petitioners to be correct. She has further stated that while the male child shall continue to remain in her custody, the female child shall remain in the custody of Petitioner No. 1. As per the compromise, she has received lump sum amount towards permanent alimony including a sum of Rs. 1 lac received today by way of Demand Draft No. 557544 dated 11.10.2007.

5.

In the light of the above noticed subsequent events, it is apparent that the continuation of the criminal proceedings shall be an exercise in futility and an abuse of the process of law.

6.

Consequently, and for the reasons afore-stated, having regard to the principles laid down by the Apex Court in the case of B.S. Joshi and Others Vs. State of Haryana and Another, as also a Five Judges Bench of this Court in Kulwinder Singh v. State of Punjab, 2007(3) LH 2225(P&H), the impugned FIR No. 108 dated 17.7.2002, under Sections 406/498-A IPC, registered at Police Station Division No. 8, Jalandhar and all subsequent proceedings arising there from are hereby quashed.

7.

Disposed of.