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