GURDEV SINGH AND OTHERS Vs. MANJIT KAUR

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the complaint No. 223 dated 13.08.2007 titled as "Manjit Kaur Vs. Gurdev Singh and others" registered under Sections 420, 494 and 120 -B of the Indian Penal Code, 1860 (in short 'IPC') and the summoning order dated 31.08.2009 (Annexure P -3) and all the subsequent proceedings arising therefrom. Learned counsel for the petitioners has submitted that decree of divorce had been passed in favour of the petitioner No. 1 on 01.12.2005. Aggrieved against the said judgment and decree, respondent preferred an appeal. During the pendency of FAO No. 32 -M of 2006, parties had amicably settled their dispute and the respondent withdrew the appeal filed by her challenging the decree of divorce passed in favour of petitioner No. 1 -Gurdev Singh. After the grant of decree of divorce, petitioner No. 1 had performed marriage with Jeeto alias Harjit Kaur. Since the matter has been amicably settled between the parties, continuation of criminal proceedings against the petitioners would be nothing but abuse of process of law.

(2.) LEARNED counsel for the respondent, on the other hand, has opposed the petition.

(3.) STATEMENT of the respondent recorded in the said proceedings reads as under: -