NIRLAPE SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482, Code of Criminal Procedure relates to quashment of F.I.R No. 20 dated 30/1/1991 registered at Police Station, Division No. 2 Ludhiana, under Section 406/498-A, Indian Penal Code.

(2.) The brief facts relevant for the disposal of the petition are that the marriage between the parties was solemnised on 23/4/1989 at Ludhiana. No child was born out of their wedlock although they resided as husband and wife and cohabited till 18/7/1989. On account of incompatibility of temperaments and certain other reasons they fell out and started living separately. Efforts for reconciliation made by friends and relatives failed. The husband Nirlape Singh filed a petition under Section 9 of the Hindu Marriage Act against the wife Smt. Gurinderpal Kaur which was decreed parte on 18/12/1990. The wife filed an application for setting side ex parte decree which was pending. The wife also filed a petition under Section 9 of the Hindu Marriage Act on 22/8/1990 which was ultimately dismisse4 as withdrawn on 17/1/1991. The wife (respondent No. 2) lodged First Information Report No. 20 dated 30/1/1991 under Sections 406/498-A of the Indian Penal Code with Police Station Division No. 2, Ludhiana against the Petitioner No. 1 (husband). The wife had also instituted a petition under Section 125, Code of Criminal Procedure, against the husband which was pending in the Court of Shri K.K. Lomas, Judicial Magistrate 1st Class, Ludhiana. In the meanwhile, with the intervention of relatives and friends, the parties compromised the whole matter vide compromise Armexure P-2. They instituted a petition under Section 13-B of the Hindu Marriage Act seeking divorce by mutual consent That petition was allowed by learned AddI. District Judge, Delhi vide his judgment of May 14, 1992 (Armexure P-3). The parties namely, Nirlape Singh & Smt. Gurinder Pal Kaur, petitioners No. 1 and 2 respectively had made statement Armexure P-4 before the District Judge, Delhi in support of the agreement Annexure P-2. Smt. Gurinder Pal Kaur respondent No. 2 has also with drown her petition under Section 125 of the Code of Criminal Procedure.

(3.) On account of amicable compromise between the parties and decree of divorce by mutual consent having been passed by the learned District Judge, Delhi in pursuance of the said agreement, quashment of impugned First Information Report Armexure P-1 is sought.