PARITOSH JAIN Vs. UNION TERRITORY ADMINISTRATION CHANDIGARH

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. has been filed by Paritosh Jain and his parents namely; his mother Smt. Tripati Jain and father S.K. Jain with a prayer for quashing of FIR No. 26 dated 24.2.1997, under Sections 498-A/406 I.P.C. registered at Police Station West, Chandigarh.

(2.) BRIEF facts of the case are that Paritosh Jain married Rachna on 14.4.1989 according to Hindu rites and ceremonies at Ajmer. From their wedlock a female child namely Asmi Jain was born on 28.10.1993. Husband and wife, however, could not pull on together and started living separately from each other for the last almost three years. Paritosh Jain filed a petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as the Act) in a Court at Ajmer Singh which came to be transferred to the Court of competent jurisdiction at Chandigarh. Later on, husband and wife settled all the disputes and effected a compromise. They decided to live separately from each other. During the pendency of the petition under section 13 of the Act, a joint petition under section 13B of the Act was filed in the Court of Additional District Judge, Chandigarh, on 29.2.1998. A prayer was also made that the proceedings under section 13 of the Act be converted into the proceedings under section 13B of the Act. Copy of the petition under section 13B of the Act is annexed as Annexure P1 with this petition. Statements of the parties were recorded. Consequently, a decree of divorce by mutual consent was passed on 2.3.1998 dissolving their marriage.

(3.) IT has been prayed that in view of the fact that husband and wife have mutually agreed to snap their relations as husband and wife for ever and they have parted company with each other by obtaining a decree of divorce by mutual consent under section 13B of the Act, the continuation of investigation in the FIR lodged by the wife has pushed the petitioners to face the trial which would be an exercise in futility especially when the wife has no objection to the quashing of the FIR and the investigation conducted therein. On these premises, therefore, a prayer has been made to quash the FIR in question and all the investigation conducted thereunder.