YASH PAL SAINI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Parveen Saini (Petitioner No. 3) was married to respondent No. 2, Shailja in January, 1992. Certain differences arose between the husband and the wife. Respondent No. 2 left her matrimonial home on 14. 9. 1992. On 6. 12. 1992, an FIR was lodged by respondent No. 2 against her husband, Parveen Saini, father of Parveen Saini, Shri Yashpal Saini, wife of Yaspal Saini namely Uma Saini, and Anupam Saini, daughter of Yashpal Saini. This pertains to offences punishable under Sections 406/498-A, IPC.

(2.) A formal FIR was registered and challan has been filed in the Court at Faridabad. Petitioner, Yashpal Saini, Smt. Uma Saini and Anupam Saini seek quashing of FIR (No. 886, dated 6. 12. 1992) and also challan pending in the Court of Shri Shiva Sharma, Judicial Magistrate, Faridabad. It is alleged that no specific allegations have been levelled against the petitioners for harassment of respondent No. 2 for demand of dowry. It is also asserted that during the pendency of the complaint, respondent No. 2 and her husband (petitioner No. 3) entered in to a compromise. It was agreed that a petition for mutual divorce would be moved and that respondent No. 2 will not press her claim against the petitioners in the criminal proceedings. It is prayed that no useful purpose would be served by continuing the proceedings resulting from FIR No. 886 dated 6. 12. 1992 and the same be quashed.

(3.) IT is consistent view of the Court that once the marriage is dissolved with mutual consent by decree of divorce and all disputes are settled amicably, in that event, it is in the interest of family and society that criminal proceedings under Sections 406/498-A may well be quashed. To the same affect as the judgment in the case of Nirlape Singh and Ors. v. State of Punjab and Anr. reported as 1993 (2) All India Criminal Law Reporter 800 (Pb. and Hry. ). The same view prevailed in the case of Parkash Singh v. Smt. Santosh Kaur reported as 1994 (1) All India Criminal Law Reporter 319 = I (1994) DMC 291 (Pb. and Hry.), and in case of Harmeet Singh v. The State of Punjab and Anr. 1994 (2) All India Criminal Law Reporter 107 = II (1994) DMC 473 (Pb. &hry. ).