GAUTAM VERMA Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. for quashing of complaint No.40 dated 4.9.2014 under Sections 196, 199, 200 IPC in view of the fact that the complaint is arising out of matrimonial proceedings, which have been finally compromised in this Court vide order dated 2.9.2015 in FAO No.M-36-2015, besides seeking quashing of order dated 23.7.2014 passed by Judicial Magistrate Ist Class, Mohali on an application under Section 340 read with Section 195 Cr.P.C. along with summoning order, has been filed by petitioner Gautam Verma.

(2.) Inter alia in the petition, it is contended that respondent No.2 - Anju Verma had moved an application under Section 340 Cr.P.C. against the petitioner for prosecuting him for allegedly submitting a false affidavit in the Court; that the proceedings arose out of a matrimonial discord between petitioner and respondent No.2 that has resulted in their marriage being dissolved by a decree of divorce. As a result of compromise, the continuation of proceedings in the complaint would not serve any purpose, more so when the petitioner and respondent No.2 are Government employees and have settled their dispute amicably. That learned Judicial Magistrate Ist Class, Mohali had allowed an application under Section 340 Cr.P.C. without affording an opportunity of hearing to petitioner vide order dated 23.7.2014; that no detailed inquiry as envisaged under Section 340 Cr.P.C. and Section 195 Cr.P.C. was conducted by the Magistrate himself and no opportunity of hearing was given to the petitioner before passing the order.

(3.) The petitioner is finding faults with the procedure adopted while filing the complaint further contending that the petitioner has been wrongly summoned in the said complaint. Therefore, the present petition be allowed.