BHUPINDER SINGH AND OTHERS Vs. MANINDER KAUR.

JUDGEMENT

(1.) Petitioners have preferred this petition under Sec. 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No.31-1 of 2008 dated 7.2.2008 (Annexure P-10); summoning order dated 22.4.2010 (Annexure P-11) and all the subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioners has submitted that petitioner No.1 got married to the respondent on 14.4.2002. They lived together as husband and wife but no child was born to them. On 14.1.2004, respondent left the matrimonial home. Petition filed by petitioner No.1 under Sec. 9 of the Hindu Marriage Act, 1955, (the Act for short) for restitution of conjugal rights was decreed in ex parte vide judgment and decree dated 17.2.2007 (Annexure P-1). Thereafter, respondent moved a complaint before the Women Cell. In the said proceedings, a settlement was arrived at between the parties and the complaint was withdrawn by the respondent. Rs. 1,30,000.00 were received by the respondent towards full and final settlement of her claim qua maintenance on 5.6.2007. Receipt in this regard was Annexure P-5. Thereafter, the parties moved a petition under Sec. 13-B of the Act seeking divorce on the basis of mutual consent (Annexure P-6). Respondent appeared before the trial Court on the first date of hearing but failed to appear on the second date of hearing and consequently, the said petition was dismissed being not maintainable on 14.12.2007 (Annexure P-8). After the dismissal of the said petition, petitioner No.1 filed a petition seeking divorce under Sec. 13 of the Act (Annexure P-9). The respondent had filed the complaint in question levelling false allegations against the petitioners.

(3.) Learned counsel for the respondent, on the other hand, has submitted that the criminal proceedings against the petitioners were liable to continue as the petitioners had harassed the respondent qua insufficiency of dowry and had been raising demand of dowry from her.