DEVINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure relates to quashment of first information report No. 316 dated 20th August, 1987, under Section 498-A, Indian Penal Code, registered at Police Station Sadar, Karnal, and the consequent proceeding before the trial Court. Criminal Revision No. 110 of 1989 (Devinder Singh v. State of Haryana and another) is directed against the order passed by the Additional Chief Judicial Magistrate, Karnal, dated 8th December, 1988 whereby, permission to compound the offence under Section 498-A, Indian Penal Code, was refused. As common questions of law and fact are involved in both these petitions, these shall be disposed of by one judgment.

(2.) IN brief the facts relevant for the disposal of this petition are, that the petitioner and respondent No. 2 were married according to Hindu rites on 18th June, 1981. Subsequently, relations between the parties became strained, and the wife filed application under Section 125 of the Code of Criminal Procedure against her husband. The latter filed application for grant of divorce under Section 13 of the Hindu Marriage Act against the former, and, the said application was dismissed on 25.5.1985 by the Additional District Judge, Karnal. Since then both the parties are living separately, and the martial relations between the two have come two an end.

(3.) MEANWHILE , vide order dated 20th January, 1989, District Judge, Karnal, granted decree for divorce for dissolution of marriage between the parties, on the basis of mutual consent. A copy of the said judgment is Annexure P-3.