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2000 DIGILAW 1570 (PNJ)

Manjit Singh v. State Of Punjab

2000-12-21

S.S.NIJJAR

body2000
Judgment S.S.Nijjar, J. 1. Prayer made in this petition under Section 482 Cr.P.C. is for quashing of FIR No. 214 dated 15.10.1996 registered at Police Station SarabhaNagar, Ludhiana for offences under Sections 498- A/406/420/494/120-BIPC and the proceedings consequential thereto on the ground that the parties have reached an amicable settlement and that it would not be in the interest of justice to continue with the criminal proceedings. The parties are present in Court. Heard counsel for parties. 2. The parties, namely, Yadvinder Singh-petitionerNo. 3 and Kuldip Kaur @ Pinkoo-respondent No. 2 got married on 5.12.1995. At that time, Yadvinder Singh-petitioner No. 3 was resident of Canada and he came to India in the beginning of 1995 to get married. After the marriage, the couple lived together for a little time and thereafter, Yadvinder Singh-petitioner went back to Canada. He sent papers which would have enabled Kuldip Kaur- respondent to migrate to Canada. Subsequently, however, the parents of Kuldip Kaur did not wish to send her to Canada. When the parents of Yadvinder Singh tried to persuade Kuldip Kaur-respondent to proceed to Canada, her parents got registered the FIR mentioned above. Charges have been framed against the petitioners. Kuldip Kaur had also filed a petition under Section 13 of the Hindu Marriage Act seeking divorce. When the petition, for divorce came up for hearing in the Court of Additional District Judge, Roop Nagar on 21.8.2000, the husband and the wifemade separate statements indicating that they had settled the entire matter. Therefore, request was made for grant of divorce on the basis of the compromise. In the statement made by the husband- Yadvinder Singh, it is stated that he had also filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. It is further stated that he is prepared to pay a sum of Rs. 1,35,000/- as full and final settlement to the wife-Kuldip Kaur for her further maintenance in case she agrees to withdraw all the cases pending against him and his family members at Ropar and in the court at Ludhiana. He atso undertook to withdraw the petition under Section 9 of the Hindu Marriage Act. Similarly, Kuldip Kaur made a statement stating therein that she accepts the offer subject to the condition that the payment will be made on the next date. He atso undertook to withdraw the petition under Section 9 of the Hindu Marriage Act. Similarly, Kuldip Kaur made a statement stating therein that she accepts the offer subject to the condition that the payment will be made on the next date. She had undertaken that she will withdraw the complaint filed against the husband and his family members pending in the court at Ludhiana. She also stated that she has no objection in case the marmge is dissolved. She further stated that since they are living separately for the last fiveyears, and there is no chance of reconciliation, she will accept the amount of Rs. 1,35,OOOA as full and final settlement for her future maintenance. It is also stated that she will not claim any future maintenance or dowry articles from the husband-Yadwinder Singh. 3. Parties are present in Court. It is accepted by the parties that the amount agreed upon has been deposited in the Court. In this Court, it has been stated by Kuldip Kaur that this present petition may be finally disposed of only after the decree of divorce is granted. 4. I have considered the entire matter. 1 am of the opinion that the Court at Rppar has only now to pass a formal order granting divorce on the basis of the compromise. The petition under Section 13 of the Hindu Marriage Act will have to be formally converted to petition under Section 13-B of the Hindu Marriage Act. 5. In view of the above, the Court of the Additional District Judge, Ropar is directed to pass a formal order granting divorce to the parties after passing the necessary order converting the petition under Section 13 to petition under Section 13-B of the Hindu Marriage Act. Let the formal order be passed on 8.1.2001 itself. The amount deposited in the Court be released to the wife- Kuldip Kaur on that date together with any accrued interest. 6. In the peculiar facts and circumstances of the case. I am of the considered opinion that it would not be in the interest of justice to permit the continuation of the criminal proceedings pending in the Court of Judicial Magistrate 1st Class, Ludhiana, 7. In view of the above, the petition is allowed. FIR No. 214 dated 15.10.19%, registered under Sections 198-A/406/420/494/120-B IPC at Police Station SarabhaNagar, Ludhiana and the proceedings consequential thereto are hereby quashed. No costs.