PARTAP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the instant petition, the petitioner is seeking quashing of FIR No.267 dated 15.10.2004, registered at Police Station Sadar Ferozepur, under Sections 406/498-A/120-B IPC (Annexure P-1), at the instance of his wife Sukhwinder Kaur (respondent No.2) primarily on the ground that the petitioner and respondent No.2 have taken a decree of divorce by way of mutual consent under Section 13-B of the Hindu Marriage Act vide judgment dated 17.02.2005 (Annexure P-2), passed by learned Additional District Judge, Fast Track Court, Ferozepur and that the parties have amicably arrived at a decision of no return. As per the office report, respondent No.2 has refused to take the summons and the court summons were affixed at her residence. The service is, thus, complete. I have heard Mr. Sharma, learned counsel for the petitioner and perused the records. Crl. Misc. No.25168-M of 2005 2

(2.) At the initial stage this court vide order dated May 09, 2005 observed as under:- Learned counsel for the petitioner referred to order (Annexure P2) granting divorce by mutual consent under Section 13-B of the Hindu Marriage Act. Learned counsel submitted that from the said divorce order, it is more than obvious that the parties have since settled all their disputes. Nonetheless, since since there is no specific mention that they have also settled the dispute pertaining to the pending criminal case, a copy of this order (Annexure P2) be sent to learned Chief Judicial Magistrate, Ferozepur, who shall summon the parties and record their statements towards clarification as to whether they also intended to enter into compromise in respect of the criminal case. Learned CJM shall submit a report with statements of the parties within four weeks of receipt of a copy of this order. List as and when the report of learned Magistrate is received.

(3.) Further, proceedings to remain stayed till then. Pursuant to the said order, learned Chief Judicial Magistrate, Ferozepur had recorded the statement of the petitioner, his wife (respondent No.2), Gurdeep Singh son of Veer Singh (father of respondent No.2) and submitted its report on 17.6.2005. The said report reads as under:-