PARKASH SINGH Vs. SANTOSH KAUR

JUDGEMENT

(1.) Santosh Kaur filed complaint under Sections 406, 498-A, I.P.C. read with section 34, I.P.C. against her husband Parkash Singh and father-in-law Sohan Singh alleging that they had misappropriated her dowry articles and had also treated her with cruelty. After preliminary evidence was recorded only Parkash Singh was summoned to face trial under Sections 406 &, 498-A, I.P.C. by Sub Divisional Judicial Magistrate, Kharar vide his order copy of which is Annexure P/2. The complaint against Sohan Singh was dismissed. Parkash Singh filed the present petition under Section 402 of the Code of Criminal Procedure for quashing the complaint Annexure P-11 and subsequent proceedings arising there from on the ground that the allegations made in the complaint did not reveal a prima-facie case for the offences for which he was summoned. The allegations were false and motivated and the complaint was filed in order to harass him and other members of his family.

(2.) During the pendency of this petition Santosh Kaur respondent moved a petition under Section 13 of the Hindu Marriage Act for a decree of divorce, where the parties effected compromise and the petitioner consented to the dissolution of his marriage with Santosh Kaur by a decree of divorce.

(3.) The learned counsel for the petitioner contended that the parties had effected compromise and in divorce proceedings respondent had made a statement that she will not peruse the complaint Annexure P/1. It was, therefore, urged that since the matter had been amicably settled by the parties and the respondent did not want to peruse the complaint so it will be in the interest of justice that the complaint as well as the proceedings are quashed.