AMANDEEP SINGH GROVER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this order I dispose of Criminal Misc. No. 6766-M of 1998 (Amandeep Singh Grover v. State of Punjab) a petition under Section 482, Cr. P. C. to which the Registry will allot a number, titled Amandeep Singh Grover and Ors. v. State of Punjab and Anr. ; a joint petition under Section 13-B of the Hindu Marriage Act filed by Amandeep Singh and Smt. Satinder Kaur, to which the Registry will also allot a regular number.

(2.) THE facts can be noticed as under There was a matrimonial alliance between Shri Amandeep Singh and Smt. Satinder Kaur and the marriage between them took place on 25th April, 1993 at Amritsar according to Sikh rites. No child was born to Smt. Satinder Kaur out of this cohabitation. Differences arose between the parties, which could not be reconciled and ultimately these differences led to the registration of FIR No. 117 dated 23rd October, 1997 under Sections 406/498a, Indian Penal Code, at Police Station A-Division, Amritsar. Finally apprehensive of his arrest, Amandeep Singh filed a petition under Section 438, Cr. P. C. in this Court and this became the subject matter of Crl. Misc. No. 6766-M of 1998. Notice was given to the State. It was contested by the State as well as by Smt. Satinder Kaur, who appeared through her counsel Shri M. S. Joshi, Advocate. On 10th April, 1998 efforts for rehabilitation were, made, but those efforts were unsuccessful. Finally Smt. Satinder Kaur and Shri Amandeep Singh agreed to the dissolution of marriage, provided Shri Amandeep Singh Grover pays Rs. 4,50,000.00 to the complainant in lieu of her past and future maintenance as well as Istri Dhan. In pursuance of the said compromise a petition under Section 482, Cr. P. C, has been filed by Shri Amandeep Singh and others, besides a joint petition under Section 13-B of the Hindu Marriage Act.

(3.) IN this case the parties to the marriage were married on 25th April, 1993. They are young. They are educated. It has been informed to this Court that the petitioner Amandeep Singh Grover is working as an Administrative Officer in National Insurance Company. Smt. Satinder Kaur is also a serving woman and she is working as an Assistant in the Life Insurance Corporation. They have a future before them. It appears that the marriage between Smt. Satinder Kaur and Shri Amandeep Singh Grover is a broken one and has led to a point where they do not want to return in order to sink their differences. The parties are living separately from each other since September, 1994 and they have not cohabited with each other since then. There are no chances of reconciliation. In these circumstances, I also dispense with the mandatory provisions of Section 14 of the Hindu Marriage Act. The following reliefs are given in the matter :1. I dissolve the marriage of Mr. Amandeep Singh and his wife Smt. Satinder Kaur under Section 13-B of the Hindu Marriage Act forthwith. 2. I further quash FIR No. 117 dated 23rd October, 1997 under Section 406/498-A of the Indian Penal Code, registered at Police Station, A-Division, Amritsar. Directions are given to the State and to the complainant not to prosecute the petitioners/accused of that FIR.