MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this common judgment criminal Misc. No. 8651-M of 1995 and Criminal Revision No. 32 of 1996 can be disposed of together.

(2.) THE relevant facts are that Sukhjit Kaur respondent No. 2 was married to Daljit Singh petitioner No. 3. The married life did not subsist. Daljit Singh filed a petition for divorce under Section 13 of the Hindu Marriage Act against Sukhjit Kaur on the basis of cruelty and desertion. The learned District Judge, Ferozepur passed a decree for divorce on 2.8.1994. On 22.5.1994 Sukhjit Kaur had filed a complaint on basis of which FIR No. 57 had been recorded at Police Station Guru Har Sahai. It pertained to offences punishable under Sections 498-A and 506 of the Indian Penal Code. The Public Prosecutor submitted an application under Section 321 of the Code of Criminal Procedure seeking permission to withdraw from prosecution. He pleaded that the learned District Judge, Ferozepur has already held that it is Sukhjit Kaur who had subjected her husband to cruelty. It becomes unnecessary, therefore, for the criminal case arising out of FIR No. 57 of 1994 to continue. Thereupon, the Public Prosecutor mentioned in paragraph 11 of the petition which is reproduced below claiming the permission of the Court :-

(3.) THE learned Judicial Magistrate, Ferozepur considered the request of the Public Prosecutor. The petition had been contested by respondent No. 2. It was held that the case had been registered on basis of the statement of respondent No. 2. Charge has been framed against the petitioners. No revision petition was filed against the charge. While exercising his discretion under Section 321 of the Code of Criminal Procedure, the learned trial court refused the permission to the prosecutor to withdraw from prosecution.