JASBIR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) PRESENT petition filed under Section 482 of the Code of Criminal Procedure 1973 for invoking inherent power to quash FIR No. 278 of 2008 dated 10.11.2008 registered with Police Station Haroli under Sections 498 -A, 406, 323, 506 read with Section 34 of the Indian Penal Code and for quashing criminal proceedings of case Number 124 -1/2009 pending before Judicial Magistrate 1st Class Court No. 2 Una HP.

(2.) IT is pleaded that applicants are permanent resident of village Mahain District Roper (Punjab). It is pleaded that compromise was executed between applicants and complainant on 26.04.2014 for amicable settlement of matrimonial disputes including withdrawal of all criminal cases filed by the parties. It is pleaded that marriage was solemnized between Sukhvinder Kaur and Jasbir Singh on 27.1.2008. It is further pleaded that no issue born from the wedlock of Jasbir Singh and Sukhvinder Kaur. It is further pleaded that on account of different habits and temperaments Jasbir Singh and Sukhvinder Kaur could not reside together. It is further pleaded that Sukhvinder Kaur filed FIR No. 278 of 2008 dated 10.11.2008 under Sections 498 -A, 406, 323 and 506 IPC read with Section 34 IPC at Police Station Haroli HP against the applicants. It is further pleaded that applicant No. 1 is the husband of complainant Sukhvinder Kaur, applicants No. 2 and 3 are father -in -law and mother -in -law of the complainant, applicant No. 4 is the brother -in -law of the complainant, applicant No. 5 is the wife of Balwinder Singh, applicant No. 6 is the sister -in -law of complainant. It is further pleaded that Jasbir Singh filed petition under Section 13 of the Hindu Marriage Act for dissolution of his marriage. It is further pleaded that Sukhvinder Kaur also filed petition under Section 125 Cr.P.C. It is further pleaded that thereafter Jasbir Singh and Sukhvinder Kaur decided to dissolve their marriage on mutual consent basis and petition filed under Section 13 of the Hindu Marriage Act was converted into petition under Section 13 -B of the Hindu Marriage Act. It is further pleaded that mutual compromise deed dated 26.4.2014 was presented before learned Additional District Judge at Mohali and thereafter learned Additional District Judge at Mohali passed decree of divorce on mutual consent basis under Section 13 -B of the Hindu Marriage Act. It is further pleaded that Jasbir Singh and Sukhvinder Kaur have settled their all matrimonial disputes. It is further pleaded that as maintenance allowance Sukhvinder Kaur had received a sum of Rs. 6,35,000/ - (Six lacs thirty five thousands) out of which Rs. 5,50,000/ - (Five lacs fifty thousands) had received vide draft No. 746620 dated 26.4.2014 and remaining amount of Rs. 85,000/ - (Eighty five thousands) was received in cash. Prayer for acceptance of petition filed under Section 482 of the Code of Criminal Procedure 1973 sought.

(3.) FOLLOWING points arise for determination in the present application: