KULJEET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) MARRIAGE of Pushpa Rani, respondent No. 2 was solemnized with Kuljeet Singh, Petitioner on 7-3-1984 at village Kheri Sahidan, Tehsil Thanesar, District Kurukshetra, according to Hindu rites. After the solemnisation of marriage, the petitioner and respondent No. 3 lived together as husband and wife for some time but the parties resumed separate residence due to temperamental difference, in the year 1985. In September, 1987, Pushpa Rani filed a complaint against her husband Kuljeet Singh, her father-in-law Lachman Singh, the present petitioners and two brothers of petitioners No. 1, namely, Baljeet Singh and Surjit Singh and their wives Santosh and Urmila for offences under Sections 405, 406, 120-B, 498-A, 420/109 of the Indian Penal Code in the Court of Judicial Magistrate Ist class, Kurukshetra. This complaint was sent to the Station House Officer, Thanesar by the Trial Court under Section 156(3) of the Code of Criminal Procedure and on the basis of the same. FIR No. 157 dated 14-10-1987 was registered. After the investigation, Baljit Singh, Surjit Singh and their wives were discharged but proceedings initiated against the petitioenrs. The petitioners have now filed this petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No. 157 dated 14-10-1987 (annexure P-2) and subsequent proceeding arising therefrom.

(2.) IN the petition, it is alleged that marriage of Kuljeet Singh, Petitioner was dissolved by a decree of divorce on the basis of mutual consent by this Court in FAO No. 76-M of 1991. At that time statements of the parties were recorded and Pushpa Rani was paid Rs. 22,000/- in Court as alimony in full and final settlement of all her claims regarding maintenance and other criminal litigation pending between them. She also agreed to withdraw the criminal case registered at her instance and continuation of the proceedings in the case, after the matter was settled, clearly amounted to an abuse of the process of the Court.

(3.) A perusal of the order annexure P-1 shows that the marriage of Kuljeet Singh with Pushpa Rani was dissolved by mutual consent. At the time when decree of divorce was passed, Pushpa Rani was paid a sum of Rs. 22,000/- by Kuljeet Singh, petitioner in the presence of her father, in lieu of permanent alimony and she agreed to withdraw the criminal proceedings pending against her husband and other under Sections 406 and 498-A of the Indian Penal Code. The affidavits filed by Pushpa Rani and her father indicate the clear intention of respondent No. 2 not to pursue the case pending against the petitioners. Continuation of criminal proceedings in these circumstances against the petitioners is certainly an abuse of process of law. Since the matrimonial dispute and controversy regarding alimony were settled, it will be in the interest of justice that parties live peacefully. I, therefore, allow this Petition and quash FIR No. 157 dated 14-10-1987 (annexure P-2) and all subsequent proceeding arising therefrom.