MANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TWO important questions of law are likely to be decided and discussed by me in the present judgment: (i) What are the suitable premises on which the provisions of Section 482, Cr. P. C. , should be invoked in the matrimonial disputes ? and (ii) Which Court has the territorial jurisdiction to try the offences allegedly committed under Sections 406 and 498-A read with Section 120-B, Indian Penal Code ?

(2.) MANDEEP Singh son of Surjit Singh, resident of Mohalla Ram Nagar, Mandi (Himachal Pradesh), is the petitioner in the present petition filed under Section 482, Cr. P. C. , for the quashment of FIR No. 43 dated 6. 5. 1996, Police Station 'b' Division, Amritsar, under Sections 406, 498-A and 120-B, Indian Penal Code, and the petition has been filed against the State of Punjab and Smt. Mandeep Kaur daughter of Harbans Singh, resident of Jaspal Nagar, Sultanwind Road, Amritsar, who is the wife of Sukhdev Singh, brother of Mandeep Singh-petitioner.

(3.) BEFORE I incorporate the stand of respondent No. 2 in the present judgment, first of all I would like to incorporate the material averments of the application dated 15. 4. 1996 on the basis of which FIR No. 43 was registered in the Police Station. Smt. Mandeep Kaur, respondent No. 2, addressed one application to I. G. (Border Range), Amritsar, and in the said application she has prayed for the registration of the case against Sukhdev Singh, Surjit Singh, Smt. Narinder Kaur, Mandeep Singh (present petitioner), Smt. Bela wife of Inderjit Singh. It may be mentioned here that in para No. 9 of the petition it has been averred by the petitioner himself that his sister had already been discharged from the allegations.