JATMDERPAL SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner has moved this petition u/s 482 Cr. P.C. praying that a complaint u/s 498-A/406 Indian Penal Code filed on police report before the court of Miss Asha Menon, M.M., Delhi, be quashed.

(2.) The main ground takes is that reconciliation has since taken place between the couple who arc having a three year old child to be looked after and that since there has been a reconciliation pendency of this proceedings is seriously going to erode the matrimonial harmony of the couple and may in the process their matrimonial life.

(3.) An application was moved by the wife who, in fact, was the real aggrieved party before the learned M.M. for withdrawal of the complaint but the M.M. declined to accede to the request on the ground that the prayer was not maintainable in view of the provisions of law and since the complaint has been filed on a police report it can only be withdrawn by the P.P. It seems that the court below did agree with the contention that there was no further need for the complaint to be processed but it felt helpless in granting any relief particularly in the absence of any inherent powers being vested in the court below.