JAGDISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners had filed the present petition seeking quashing of F.I.R. No. 388 dated 21 -8 -1997 registered in police station Barwala under Sections 498 -A and 406. IPC at the behest of Sunita Devi -respondent No.4.

(2.) ACCORDING to the petitioners, respondent No.4 was of quarrelsome and arrogant nature on account of which a petition bearing No. 331 under Section 13 -B(2) of the Hindu Marriage Act was filed before the District Judge. Delhi. which was allowed on 23 -10 -1986. After the divorce with a view to harass the petitioner respondent No.4 had lodged the F.I.R. which being an abuse of the process of law deserves to be quashed.

(3.) DURING the pendency of the petition. Crl. M. No. 16373 of 2000 has been filed by the father of respondent No. 4 for bringing on record two circumstances namely the death of respondent No.4 and the fact that prior to her death she had withdrawn the application under Order 9 Rule 13. CPC. which had been moved by her before the matrimonial Court at Delhi. It has also been asserted by the petitioners and he is not interested in pursuing the case against the petitioners. In view of this application the counsel for the parties have submitted that the petition should be accepted and the F.I.R. may be quashed.