Friday, August 16, 2013

wife's 498a, Husband's RCR, 3.5 lakh moolah &criminal cases quashed. MARCH of law!! Motions our police &courts go thru as women make a mockery of the process .... !!!!


wife's 498a, Husband's RCR, 3.5 lakh moolah &criminal cases quashed. MARCH of law!! Motions our police &courts go thru as women make a mockery of the process .... !!!!

ablaa naari, innocent divorcee , ready to start the game all over again !!


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Notes
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* wife has filed 498a
* just before or after than husband has filed an RCR
* husband has obtained an AB in wife's 498a 
* THEN husband has gone for arrest stay
* at that time , the Honourable court or the system has forced them to go mediate
* please note that everyone knows that this is a false case and NO action is taken on the false case  filing woman !!
* then the mediation takes place, moolah decided, husband agrees to convert RCR to 13 B etc 
* 498a quashed . moolah paid !!
  
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Misc.No.M-41375 of 2012
Date of Decision : 30.5.2013
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Partap Singh ....Petitioner
Versus
State of Punjab ...Respondent
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CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
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Present : Mr.T.P.Singh, Advocate for the petitioner.
Mr.Premjit S.Hundal, A.A.G. Punjab.
Mr.Gurpreet Singh Brar, Advocate for the complainant.
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MAHESH GROVER, J.
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This is a petition under Section 438 Cr.P.C.praying for release of the petitioner on bail in terms thereof in a case registered vide FIR No.310 dated 10.11.2012 under Sections 498-A/406/506 IPC, at Police Station Civil Lines, Batala, Distt. Gurdaspur. 

Notice of motion was issued and interim protection granted to the petitioner subject to his complying with the provisions of Section 438(2) Cr.P.C.
  
Noticing the fact that the allegations were emanating from a marital discord, the matter was referred to the Mediation and Conciliation Centre of the High Court where the parties have effected a settlement which is to the following effect 
  
"Both the parties have agreed to part ways on the following terms and conditions :
  
1. That both the parties have decided to get their marriage dissolved by mutual consent by filing petition under Section 13(B) of the Hindu Marriage Act in accordance with law on or before 30.05.2013. Out of the said wedlock no child was born.
  
2. That both the parties have agreed that they shall withdraw all the civil and criminal cases pending against each other and family members of both the parties before any court.
  
3. That it is agreed between the parties that Smt.Kamaljeet Kaur has already received back all her dowry articles and has also received Rs.3,50,000/-regarding permanent alimony and maintenance (present, past and future) as full and final settlement from Sh. Partap Singh. It is also agreed that Smt.Kamaljeet Kaur shall not claim anything else from the property of Sh.Partap Singh. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/   
  
4. That it is agreed between the parties that Smt.Kamaljeet Kaur shall have no objection if the present Crl.Misc.No.M-41375 of 2012 is allowed. She will have no objection in case FIR No.310 dated 10.11.2012 under Section 498-A, 406 and 506 IPC registered at Police Station Civil Line, Batala, Distt.Gurdaspur is quashed and has also agreed to make a statement before the Hon'ble Court or any other competent authority in this regard. Sh.Partap Singh & his family members shall take further necessary steps for quashing the said FIR in accordance with law.
  
5. That in view of the aforesaid compromise Sh.Partap Singh shall withdraw the petition under Section 9 of Hindu Marriage Act which is filed against Smt.Kamaljeet Kaur at Gurdaspur. In view of the aforesaid compromise, Smt.Kamaljeet Kaur shall withdraw the petition filed under Section 125 Cr.P.C.at Batala.
  
6. That the complainant Smt.Kamaljeet Kaur is fully satisfied with the aforesaid settlement and will not claim anything else from the petitioner-Sh.Partap Singh in future. It is agreed between the parties that they shall withdraw all the civil and criminal cases pending between them.
  
7. That the matter has been settled amicably and voluntarily through the process of mediation." In view of the above, the interim directions dated 27.12.2012 are hereby made absolute subject to the condition that the petitioner continues to comply with the provisions of Section 438(2) Cr.P.C.
  
Petition stands allowed.
  
30.5.2013 
  
(MAHESH GROVER)
  
JUDGE
  
dss
  
  
*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
  
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CASE FROM JUDIS DOT NIC / P & H HC WEB SITE 
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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist