Disposed

Neelam Dhir v. State of Punjab and Ors.

Punjab & Haryana HC6 Nov 2024CRM-A/2338/2017

Case brief

AI extract

What is this about?

Court disposed of a criminal miscellaneous application challenging a judgment of acquittal without recording further reasons, relying on admitted facts of a divorce decree obtained under Section 13-B of the Hindu Marriage Act where disputes were settled.

What did the court decide?

Present criminal miscellaneous application stands disposed of along with pending applications, if any.

Neelam Dhir Vs State of Punjab and Ors. — Punjab & Haryana HC (2024) — LawSathi Research

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CRM-A-2338-MA-2017 -1-

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IN THE H IGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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209 CR M -A-2338-MA-2017

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Dat e of Decision: 06.11.2024

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Neelam D h ir .… Applicant

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Versus

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State of P u njab and others .... Respondents

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CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

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Present: - Mr. Hitesh Verma, Advocate f or the applicant.

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Ms. Guramrit Kaur, DAG, Pu n jab.

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Mr. Yogesh Goel, Advocate f o r respondents No. 2 to 5.

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NIDHI GUPTA, J. (ORAL)

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By way of filing the in s tant Criminal Miscellaneous Applicatio n , the applicant seeks special leave to file appeal against the judgment d ated 31.03.2017, passed by th e learned Judicial Magistrate Ist Class, Lu d haina, acquitting respondents N o. 2 to 5, in case FIR No. 113 dated 30.0 5 .2006 registered under Section s 406, 498A, 323, 324, 506 and 149 IPC at Police Station Division No. 6, L udhiana.

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On the last date of hearing i . e. 21.08.2024, following order

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was passe d by this Court:-

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“Challenge in the p r esent application is to the judgment of acquittal dated 3 1.03.2017 passed in Case No. 85/1/28.07.2006 arising out o f FIR No. 113 dated 30.05.2006 registered under Sections 4 0 6, 498-A, 323, 324, 506, 149 IPC at Police Station Divisio n No. 6, Ludhiana, whereby all the accused persons have bee n acquitted. Power of Attorney file d on behalf of respondents No. 2 to 5 in Court today is taken o n record. Learned counsel for r e spondents No. 2 to 5 submits that present appeal is per se not maintainable. Moreover, a

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RISHU KATARIA 2024.11.12 13:32 I attest to the accuracy and authenticity of this order/judgment.

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CRM-A-2338-MA-2017 -2-

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compromise has been arrive d at between the parties and a joint petition under Section 1 3 -B of the Hindu Marriage Act had been filed, which was all o wed vide judgment and decree dated 11.02.2021 passed in Case No. 2245 of 07.03.2020 titled as ‘Neelam Dhir @ Neelam Gulati and Aman Dhir’ by learned Principal Ju d ge, Family Court, District Ludhiana. A copy thereof h a s been handed over in Court today which is taken on recor d .

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Learned proxy counsel for the applicant submits that he has no instructions in th i s regard and prays for short accommodation.

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Adjourned to 06.11.20 2 4.”

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Learned counsel appearing f or the applicant submits that even toda y also he has no instructions fr o m the applicant in the present case. How e ver, learned counsel for the ap p licant is unable to deny the fact that vide j udgment and decree dated 1 1 .02.2021, divorce by way of mutual co n sent has been granted to the applicant-wife and respondent No. 2-hus b and by virtue of Section 13- B of the Hindu Marriage Act, 1955, whe r ein all disputes stand settled b etween the parties; and it was undertake n by the applicant that she shall withdraw the present Criminal Miscellan e ous Application. Even the settl e ment amount of Rs.17,00,000/stands pai d .

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As such, in view of the ab o ve admitted facts, the present Criminal M iscellaneous Application stand s disposed of, accordingly. Pending application(s), if any , shall also stand disposed of.

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Whether speaking/reasoned Yes/No

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Whether Reportable Yes/No

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RISHU KATARIA 2024.11.12 13:32 I attest to the accuracy and authenticity of this order/judgment.

Neelam Dhir v. State of Punjab and Ors.

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Neelam Dhir v. State of Punjab and Ors.

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