Disposed

Gurjinder Kaur and Anr. v. State of Punjab and Anr.

Punjab & Haryana HC19 Dec 2012CRM-M/14543/2010

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application to recall an order quashing an FIR, the State sought non-compliance due to the petitioner's initial withdrawal from a compromise. The Court held the matter infructuous after the petitioner-wife undertook to withdraw all cases and present a mutual divorce petition, disposing of the application.

What did the court decide?

Instant application disposed of as infructuous following undertaking by petitioner to withdraw cases and file for mutual divorce.

Gurjinder Kaur and Anr. Vs State of Punjab… — Matrimonial and Divorce | Punjab & Haryana HC (2012)

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Criminal Misc. No. 42676 of 2010 in Criminal Misc. No. M-14543 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. 42676 of 2010 in Criminal Misc. No. M-14543 of 2010 Date of decision:-19.12.2012

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Gurinder Kaur and another

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...Petitioners

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Versus

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State of Punjab and another

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...Respondents

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CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN

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Present:Mr. S.S. Salar, Advocate for the petitioners.

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Mr. A.S.Klar, AAG Punjab.

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Mr. S.K. Singla, Advocate for respondent No.2.

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Parties in person.

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JITENDRA CHAUHAN J.(Oral)

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This application under Section 482 Cr.P.C. is for recalling the order dated 15.7.2010, (Annexure R-2) passed by this Court in the main petition for quashing of FIR, as petitioner No.1 has backed out from the compromise dated 13.4.2010 (Annexure R-1).

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Learned counsel for the applicant submits that in terms of the terms and conditions of the agreement as well as the undertaking

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Criminal Misc. No. 42676 of 2010 in Criminal Misc. No. M-14543 of 2010

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given by the petitioner No.1 that she will withdraw the cases against respondent No.2. Respondent-husband has filed the present application for non-compliance and for violation of the terms and conditions of the compromise by the petitioner-wife. Learned counsel for the petitioner-wife states that the parties have already prepared the petition under Section 13(B) of Hindu Marriage Act, 1955, and the same shall be presented before the competent court within a week from today. Learned counsel submits that the petitioner shall appear before the court and make statement in terms of agreement reached between the parties. The respondenthusband at this stage handed over a draft of Rs.50,000/- in favour of petitioner-wife, who is present in the Court. Petitioner-wife undertakes to withdraw all the cases filed against the respondent.

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In view of this, the instant application has become

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infructuous.

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Disposed of as such.

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December 19, 2012 ( JITENDRA CHAUHAN ) Vijay Asija JUDGE

Gurjinder Kaur and Anr. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Gurjinder Kaur and Anr. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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