INDERJIT SINGH GREWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal reveals a very sorry state of affair where the wife files a criminal complaint before the competent court to initiate criminal proceedings against her husband alleging that they had obtained decree of divorce by playing fraud upon the court without realising that in such a fact-situation she herself would be an accomplice in the crime and equally responsible for the offence. More so, the appeal raises a substantial question of law as to whether the judgment and decree of a competent Civil Court can be declared null and void in collateral proceedings, that too, criminal proceedings.

(3.) This criminal appeal arises from the judgment and final order dated 9.8.2010 in Criminal Misc. No. M-29339 of 2009 (O &M) passed by the High Court of Punjab & Haryana at Chandigarh, by which the High Court has dismissed the application filed by the Appellant under Section 482 of Code of Criminal Procedure, 1973 (hereinafter called as Rs. Code of Criminal Procedure) for quashing the complaint No. 87/02/09 dated 12.6.2009 filed by Respondent No. 2 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter called the Rs. Act 2005).