RAVINDER SOOD Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) THIS petition seeks quashing of the criminal complaint dated 06.06.1998, Annexure P-1, FIR No. 212 dated 27.07.1988, under Sections 406, 498-A IPC, registered at Police Station, Central, Sector-17, Chandigarh, Annexure P-2, and proceedings consequential thereto.

(2.) MARRIAGE between petitioner No. 1 and respondent No. 2 was solemnized at Chandigarh on 12.12.1996 according to Hindu rites and from the said wedlock a female child was born on 26.03.1998. The child is at present living with her mother, i.e. respondent No. 2. Due to incompatibility in the temperament, the parties have been living separately since February, 1998. Out of the acrimony, multiple litigation ensued between the parties. Respondent No. 2, the complainant-wife filed a petition for divorce under Section 13 of the Hindu Marriage Act for dissolution of marriage by a decree of divorce on the ground of cruelty and desertion. Respondent No. 2 also filed a complaint mentioned above. On the basis of the complaint, FIR in question has been registered against the petitioners.

(3.) FURTHERMORE , the continuance of these proceedings are bound to end in failure as none of the prosecution witnesses would support the case of the prosecution. Therefore, the criminal proceedings even if taken to their logical end, would be an exercise in futility. Apart from the above, it would be an unnecessary burden on the criminal justice system which is already heavily burdened. This view of mine also finds support from the judgment rendered by this Court in the case of Ajay Kumar Singla and others v. State of Haryana and Another, 2000(2) AIJ 186. In this case, it has been held as follows :-