JAG MOHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This will dispose of Criminal Misc. Petition No. 13925M of 1993 and Criminal Misc. Petition No. 8967-M of 1992.

(2.) The present petition has been filed under Section 482 of the Criminal Procedure Code, for quashing F.I.R. No. 16 of 1992, Police Station Sector 39, Chandigarh, under Sections 406, 498A, I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act.

(3.) Man Mohan Singh, Petitioner, was married to Manjit Kaur daughter of respondent No.2 on 15.5.1990 at Chandigarh. A dispute arose between the parties, resulting into registration of case at the instance of father of Manjit Kaur. Initially, the wife filed petition under Section 13 of the Hindu Marriage Act, for a decree of divorce, and in counter-blast to that petition, the husband filed petition under Section 9 of the said Act at Delhi, which later on, as per directions of the Supreme Court, was transferred to the Court of Additional District Judge, Chandigarh, where petition under Section 13 of the Act filed by the wife was pending. During the trial of these petitions, at the intervention of the respectables, the matter was compromised and petition under Section 13 of the Act was converted into one under Section 13-B of the Act and the marriage was dissolved by mutual consent. Decree in terms thereof was passed on 11.10.1993. In those proceedings, all claims on behalf of the wife in regard to dowry, maintenance etc., were settled. At the time of decision on 11.10.1993, Manjit Kaur, wife, and her father conceded that they are not at all interested with the continuation of criminal case. Mr. Mahajan, counsel for the wife and her father, has filed today in Court, affidavits on behalf of father as well as the wife. In the affidavits, both of them have stated that matrimonial dispute between the parties has been sorted out by getting the marriage dissolved by decree of divorce by mutual consent under Section 13-B of the Act. It has further been stated in the affidavits that all other claims of dowry and maintenance have been sorted out and that they have no objection if the proceedings taken up in the F.I.R. are quashed. In this view of the matter, no useful purpose will be served in allowing the proceedings to continue. Therefore, powers under Section 482, Cr. P.C. can be invoked for quashing the F.I.R. and the subsequent proceedings thereon. Accordingly, F.I.R. No. 16/1992 (Annexure R-l) shall stand quashed.