Disposed

Surinder Singh and Others v. State of Punjab and Another

Punjab & Haryana HC17 Feb 2012CRM-M/13630/2011

Case brief

AI extract

What is this about?

This single-judge oral order disposed of three criminal petitions: two seeking pre-arrest bail and one seeking quashing of an FIR based on 498-A IPC allegations. The court found the bail petitions merited due to the dissolution of marriage and granted bail, while dismissing the quashing petition because disputed facts regarding the validity of the divorce decree existed and no ground was made out

What the court decided

AI extract

Surinder Singh and Others Vs State… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

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Criminal Misc. Nos. M- 13630, M-20496 And M-38552 of 2011

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In the High Court of Punjab and Haryana, at Chandigarh

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1. Criminal Misc. No. M-13630 of 2011 Surinder Singh alias Surinder Pal Singh and Others ... Petitioners Versus State of Punjab and Another ... Respondents 2. Criminal Misc. No. M-20496 of 2011 Sukhjit Kaur ... Petitioner Versus State of Punjab ... Respondent AND 3. Criminal Misc. No. M-38552 of 2011 Surinder Singh alias Surinder Pal Singh ... Petitioner Versus State of Punjab ... Respondent

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Date of Decision: 17.2.2012

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CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.

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Present: Mr. Vivek K. Thakur, Advocate for the petitioners (In Criminal Misc. No. M-13630 of 2011).

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Mr. Maninder Singh Bajwa, Advocate for the petitioners (In Criminal Misc. No. M-20496 and M-38552 of 2011).

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Criminal Misc. Nos. M- 13630, M-20496 And M-38552 of 2011

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Mr. J.S. Bhullar, Assistant Advocate General, Punjab, for the respondent/State.

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Mr. Raman Mahajan, Advocate for respondent No.2 (in Criminal Misc. No. M-13630 of 2011).

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Kanwaljit Singh Ahluwalia, J. (Oral)

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By this common order, Criminal Misc. No. M-13630 of 2011, preferred by Surinder Singh alias Surinder Pal Singh, Sukhjit Kaur and Rupinder Kaur alias Babli, Criminal Misc. No. M-20496 of 2011 preferred by Sukhjit Kaur and Criminal Misc. No. M-38552 of 2011, preferred by Surinder Singh alias Surinder Pal Singh, shall be decided together.

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Criminal Misc. No. M-13630 of 2011 has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 34 dated 27.4.2011, registered at Police Station Ghanie Ke Bangar, District Batala, under Sections 324, 323, 498-A, 506 and 34 IPC, whereas remaining two petitions viz. Criminal Misc. Nos. M-20496 and M-38552 of 2011 have been preferred under Section 438 Cr.P.C. seeking pre-arrest bail in the above said FIR.

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Complainant-Kulwinder Kaur was married with Surinder Singh alias Surinder Pal Singh on 2.3.2008 at Batala according to Sikh Rites. It is a matter of record that Surinder Singh alias Surinder Pal Singh and Kulwinder Kaur have filed a petition under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”), for dissolution of their marriage by decree of divorce by mutual consent.

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Mr. Raman Mahajan, Advocate, appearing for complainantKulwinder Kaur, has not denied the fact that Kulwinder Kaur had caused appearance before the District Judge, Amritsar on 18.9.2011 and her

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Criminal Misc. Nos. M- 13630, M-20496 And M-38552 of 2011

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statement was recorded, which is annexed with Criminal Misc. No. M- 20496 of 2011 as Annexure P2. It will be pertinent to mention that statement of Kulwinder Kaur (Annexure P2) contained a specific note given by the District Judge, Amritsar “R.O. & AC” and it has been signed by the complainant. Vide judgment dated 21.3.2011 (Annexure P4), passed by the Court of District Judge, Amritsar, petition under Section 13-B of the Act was accepted and marriage between the parties was dissolved.

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Mr. Maninder Singh Bajwa, Advocate, appearing for the petitioners, in the petitions filed by petitioners-Sukhjit Kaur and Surinder Singh alias Surinder Pal Singh for grant of pre-arrest bail to them, has submitted that in the divorce petition, it has been specifically stated that all the disputes regarding maintenance and istri dhan have been resolved between the parties. He has further submitted that suppressing the fact of dissolution of the marriage, the impugned FIR was lodged and thus, the complainant has not come clean and has not stated true facts.

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Mr.Raman Mahajan, Advocate, appearing for the complainant, has submitted that Kulwinder Kaur was not aware regarding the contents of the divorce petition. Even though she has caused appearance before the District Judge, Amritsar, yet she was not aware as to what was recorded in her statement (Annexure P2) and she was made to sign on the documents and the decree of mutual divorce was challenged by the complainant by filing F.A.O. No. 160 of 2011, wherein she has been relegated to approach the District Judge, Amritsar, for

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Criminal Misc. Nos. M- 13630, M-20496 And M-38552 of 2011

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annulment of decree of dissolution of the marriage.

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Be that as it may, as on today, decree of divorce by way of mutual consent stands. As to whether the petitioner, without being aware of the contents of divorce petition, had caused appearance before the District Judge and signed her statement, which was recorded after going through by her or not is a disputed question of fact which will be determined by the Court of District Judge, Amritsar. This Court shall refrain to comment regarding the conduct of the complainant lest it may not prejudice her case, which is pending before the Court of District Judge, Amritsar.

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Taking totality of the circumstances into consideration, this Court is of the view that petitioners-Sukhjit Kaur and Surinder Singh alias Surinder Pal Singh are entitled to grant of pre-arrest bail. Hence, Criminal Misc. Nos. M-20496 and M-38552 of 2011 are accepted. In the event of arrest of petitioners-Sukhjit Kaur and Surinder Singh alias Surinder Pal Singh, they shall be admitted to pre-arrest bail on their furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer, till filing of the report under Section 173 Cr.P.C. On submission of report under Section 173 Cr.P.C., the petitioners shall furnish regular bail-bonds to the satisfaction of the Court concerned. The trial Court shall be empowered to cancel bail of the petitioners in case of breach of any of the terms & conditions of the bail bonds.

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Since the disputed questions of fact are involved, no ground is made out to entertain petition viz. Criminal Misc. No. M-13630 of 2011,

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Criminal Misc. Nos. M- 13630, M-20496 And M-38552 of 2011

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preferred under Section 482 Cr.P.C. seeking quashing of the FIR and

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hence the same is hereby dismissed.

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(Kanwaljit Singh Ahluwalia) Judge

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February 17, 2012 “DK”

Surinder Singh and Others v. State of Punjab and Another

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Surinder Singh and Others v. State of Punjab and Another

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