High Court Punjab-Haryana High Court

Baljit Singh vs Gurpreet Kaur on 28 January, 2009

Punjab-Haryana High Court
Baljit Singh vs Gurpreet Kaur on 28 January, 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                    Crl. Misc. No.33738-M of 2007
                                    Date of decision : 28-01-2009

Baljit Singh
                                                          ....Petitioner
                              VERSUS
Gurpreet Kaur
                                                          ....Respondent


CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Present:   Mr. Ravi Malhotra, Advocate,
           for the petitioner.


KANWALJIT SINGH AHLUWALIA, J. (Oral)

The present petition has been filed u/s 482 Cr.P.C. for quashing

of complaint Annexure P-2 titled as Gurpreet Kaur Vs. Baljit Singh under

Section 12 of the Protection of Women from Domestic Violence Act 2005

pending before the Court of Chief Judicial Magistrate, Mohali.

Notice of motion was issued.

No proceedings were stayed.

Counsel for the petitioner has submitted that husband had filed

the petition for divorce and present complaint instituted by wife is a

counter-blast to the same.

Impugned complaint was instituted by the aggrieved wife. In

matrimonial matters, this cannot be construed as a counter-blast. Wife

always make an effort to secure matrimonial home. Once the petition for

divorce was filed, she lost hope and exercised her right to file the

complaint. Only on this ground, the present petition was filed. After filing of

divorce petition, impugned complaint cannot be quashed.

No merit.

Dismissed.




                                  (KANWALJIT SINGH AHLUWALIA)
28-1-2009                                  JUDGE
manju