PIRTHIPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in the present petition, filed under Section 482 of the Code of Criminal Procedure is for quashing of orders dated 12.2.1998 passed by Judicial Magistrate, Ist class, Barnala (Annexure P-4) and the order dated 1.4.1998, passed by the learned Sessions Judge, Barnala (Annexure P-5), whereby the petitioners were summoned in FIR No. 6 dated 25.1.1997 registered under Sections 406, 420, 494, 498-A, 148 of the Indian Penal Code and Sections 3, 4 and 6 of the Dowry Prohibition Act at Police Station Bhadaur, Tehsil Barnala, Distt. Sangrur.

(2.) THE marriage between petitioner No. 1 and respondent No. 2 was solemnised on 1.12.1993. It is alleged that in June 1995, they separated and respondent No. 2 started living with her parents at Bhadaur. A matrimonial dispute arose between petitioner No. 1 and respondent No. 2, which led to numerous litigations. Respondent No. 2 lodged FIR No. 6 dated 25.1.1997 registered under Sections 406, 420, 494, 498-A, 148 of the Indian Penal Code and Sections 3, 4 and 6 of the Dowry Prohibition Act at Police Station Bhadaur, Tehsil Barnala, Distt. Sangrur.

(3.) DURING the pendency of the present petition, the petitioners filed Crl. Misc. No. 62135 of 2005, praying therein that Crl. Misc. No. 11297-M of 1998 be disposed of in view of the compromise/statement recorded by respondent No. 2 before the Additional District Judge, Barnala on 5.3.2003, in proceedings under Section 13-B of the Hindu Marriage Act. It appears that with the intervention of friends, relatives and respectables, the parties have arrived at a settlement, with the object of resolving all their differences. As a result thereof, parties filed a petition under Section 13-B of the Hindu Marriage Act, for the grant of a decree of divorce by mutual consent. On 5.3.2003, respondent No. 2 herein made a statement before the Additional District Judge, Barnala that her matrimonial dispute with her husband had been compromised and she would withdraw all the cases against her husband. Petitioner No. 1 made a statement to the same effect before the Additional District Judge on 8.9.2003. Thereafter, vide judgment dated 8.9.2003, the marriage between petitioner No. 1 and respondent No. 2 was dissolved by grant of a decree of divorce by mutual consent. The petition for grant of divorce, the statements made by the parties therein and a copy of the judgment, dissolving the marriage are annexed as Annexures P-6 to P-9 with Crl. Misc. No. 62135 of 2005.