Criminal Misc.No.M-2368 of 2007 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc. No. M-2368 of 2007
Date of Decision: 18 - 4 - 2009
Kirna Rani and others .....Petitioners
v.
State of Punjab and another .....Respondents
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Mr.Jatinder Singh, Advocate
for the petitioners.
Mr.A.S.Brar, DAG, Punjab.
***
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The present petition has been filed under Section 482 Cr.P.C.
seeking quashing of Criminal Complaint No.177-1 dated 10.5.2003 along
with summoning order dated 11.3.2004.
Anmol Rani estranged wife is present in Court. She has been
identified by ASI Sunbir Singh who is present in Court to assist counsel for
State-respondent No.1. Anmol Rani has made a statement which has been
separately recorded and the same may be read as part of this order.
Mr.Jatinder Singh, counsel for the petitioners has submitted
that draft of Rs.One lac has been paid in Court to the complainant.
Rs.50,000/- shall be deposited in the trial Court within two months. He has
further submitted that with regard to further demand of Rs.1.5 lacs spelt out
Criminal Misc.No.M-2368 of 2007 [2]
by Anmol Rani in her statement recorded today in Court, liberty be granted
to the petitioners to negotiate the amount for grant of divorce by mutual
consent.
In view of the statement made by the aggrieved wife-
respondent No.2 which has been recorded separately, draft of Rs.One lac
has been handed over to respondent No.2 – estranged wife and photo copy
of same has been retained. It is ordered that in case Rs.50,000/- is deposited
by the accused-petitioners in the trial Court within two months, the trial
Court after disbursement of the amount, shall allow the respondent-wife to
withdraw the complaint. However, liberty is granted to the petitioners to
negotiate the amount for grant of divorce by mutual consent. Since
respondent-wife has made the statement in this Court, she shall remain
bound by the statement. In case after deposit Rs.50,000/-, respondent No.2
– estranged wife does not withdraw the complaint, she will return the
amount received along with 9% interest.
Petition is disposed off.
( KANWALJIT SINGH AHLUWALIA )
April 18, 2009. JUDGE
RC