Jatinder Chopra alias Gonny & Ors. v. State of Punjab & Anr.
Case at a glance
Outcome
Disposed of
Petition is disposed off
Provisions considered
Judgment
Operative part
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Om Pal Sharma, Advocate for the petitioners. Mr.Mehardeep Singh, AAG, Punjab. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present petition has been filed under Section 482 Cr.P.C. seeking quashing of case FIR No.16 dated 28.1.2004 registered at Police Station, Division No.5, Jalandhar under Sections 406, 498-A IPC. It is stated that FIR was lodged by Charanjit Kaur aggrieved wife. She had stated that petitioners had harassed, maltreated her and demanded the dowry. Counsel for the petitioners submit that during the pendency of the FIR, a compromise was arrived between the parties in the year 2004. Compromise deed has been annexed as Annexure P2. In the present case FIR was registered in the year 2004. More than five years have elapsed. Investigation is still in progress. It has been further submitted that Crl. Misc. No.M-8185 of 2009 [2] respondent No.2 aggrieved wife has solemnized the second marriage and petitioner No.1 has also solemnized the second marriage. Counsel for the State on instructions from HC Balwinder Singh who is present in Court to assist counsel for the State has submitted that till today, no report under Section 173 Cr.P.C. has been submitted. The Investigating Agency after taking into consideration the compromise Annexure P2 arrived between the parties and the the fact that both the parties had solemnized the second marriage shall consider submission of cancellation report against the petitioners. The Investigating Agency while filing the cancellation report shall take into consideration ratio of law laid down by the Hon'ble Apex Court in B.S.Joshi v. State of Haryana, 2003 (2) RCR (Criminal) 888 and a Full Bench judgment of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052 wherein it has been held that if a matrimonial dispute has been resolved, no useful purpose would be served by continuing with the criminal proceedings. Petition is disposed off. April 21, 2009. RC ( KANWALJIT SINGH AHLUWALIA ) JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Petition is disposed off
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 173, 482; Indian Penal Code, 1860.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.