IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M-29085 of 2009
Date of Decision: December 9, 2009
Kapil Malhotra and others.
...Petitioners
Versus
State of Haryana and another.
...Respondents
CORAM: HON'BLE MR. JUSTICE S.D. ANAND.
Present: Mr. Jagram Singh Cooner, Advocate,
for the petitioners.
Mrs. Neena Madan, Addl. A.G., Haryana.
S.D. Anand, J.
Petitioner No.1 Kapil Malhotra was married with
respondent No.2 – Ratnika. Their marriage ended in a mutual
divorce under Section 13-B of the Hindu Marriage Act (vide
order dated 14.09.2009 of the learned Additional District
Judge, Ambala). Prior thereto, respondent No.2 had lodged an
FIR (bearing No.375, dated 28.12.2006, under Sections 498-
A/406/323/506/34 I.P.C., Police Station, Mahesh Nagar,
District Ambala) against her husband – petitioner no.1 Kapil
Malhotra, and his parents. The present plea, at the instance of
Kapil Malhotra and his parents, is for quashment of the FIR
on the basis of that very compromise.
Crl. Misc. No. 29085 of 2009 2
By the very nature of things, once the controversy
between the parties ended by dissolution of the matrimonial
relationship, it would be illogical to allow the continuance of
the impugned prosecution which, too, arose out of that feud.
It is perhaps in appreciation of the compromise that
respondent No.2 (who has been served through her father) has
opted to refrain from entering appearance.
The petition shall stand allowed. FIR No. 375, dated
28.12.2006, under Sections 498-A/406/323/506/34 I.P.C.,
Police Station, Mahesh Nagar, District Ambala, and also the
proceedings taken in pursuance thereof shall stand quashed.
December 9, 2009 ( S.D. Anand ) vkd Judge