The High Court disposed of a bail application regarding a letter sent by a wife to her husband barracks as not maintainable, holding it was a prayer for marital discord resolution, not a criminal complaint under Section 482.
The petition was dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl. Misc. No. M- 29526 of 2011
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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Misc. No. M- 29526 of 2011 Date of decision. 23.01.2013
Major Charanjit Singh Sandhu and ors.
....... Petitioners
Versus
Union of India and ors.
.......Respondents
CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present:Mr. A.S. Jattana,Advocate for the petitioners.
Mr. Gurpreet Singh, Advocate for respondents no. 1 to 3.
Mr. Atul Yadav, Advocate for respondent no.4.
VIJENDER SINGH MALIK, J.
Major Charanjit Singh Sandhu and three others namely Prabhjeet Kaur Sandhu, Kashmir Singh Sandhu and Rajinder Kaur Sandhu, the petitioners have brought this petition under the provisions of section 482 Cr.P.C. for quashing criminal complaint dated 03.06.2011 (Annexure P-1) and the subsequent proceedings.
Annexure P-1, which is another copy of Annexure R-2 is a communication from Mrs. Sukhjeet Kaur Sandhu to Director General Assam Rifles. The communication is titled “Prayer for
Crl. Misc. No. M- 29526 of 2011 ----2--
justice to resolve marital discord with Maj. Charanjit Singh Sandhu of 28 Assam Rifles and for alimony.”
Learned counsel for the petitioners has submitted that very damaging allegations have been made by Sukhjeet Kaur Sandhu against Major Charanjit Singh Sandhu and others in this complaint. According to him, those allegations would harm petitioner no.1 in his service career, who is a Major General at present.
It is apparent in a quick glance even that the communication Annexure P-1, which is named as complaint by the petitioner is a prayer on behalf of the wife to the superior officer of her husband to use his good offices or influence to resolve the marital discord between her and her husband. Petitioner no.1 is at liberty to refute the allegations contained therein before the authority to whom this communication has been made. This is not a complaint, taken by any standard and at least it is not a complaint under the provisions of Code of Criminal Procedure and consequently the petition in hand does not lie. The petition is, accordingly, dismissed being not maintainable.
January 23, 2013 (VIJENDER SINGH MALIK) dinesh JUDGE
1 issue framed by the court
Whether the prayer submitted by the wife to the superior officer of her husband for resolving marital discord constitutes a maintainable criminal complaint under Section 482 Cr.P.C.
Major Charanjit Singh Sandhu and ors.
Union of India and ors.
VIJENDER SINGH MALIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
