High Court Punjab-Haryana High Court

Kapil Malhotra And Others vs State Of Haryana And Another on 9 December, 2009

Punjab-Haryana High Court
Kapil Malhotra And Others vs State Of Haryana And Another on 9 December, 2009
   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