High Court of Punjab and HaryanaCRM-M/23255/2016allowed

Deepinder Singh Maan & ANR. v. Gurcharan Singh & ANR.

2024-07-31Ms. Justice Nidhi Gupta3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

202+112 Date of Decision:31.07.2024 Deepinder Singh Maan and another .... Petitioners

Versus

Gurcharan Singh and another .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Krishan Singh Dadwal, Advocate for the petitioners. Mr. Amit Sharma (Kanav), Advocate for the complainant/respondent No.1.

**** NIDHI GUPTA , J. (ORAL) This is an application under Section 482 Cr.P.C. for placing on record additional affidavit as well as decree of divorce as Annexure P-16.

Application is allowed and additional affidavit as well as decree of divorce is taken on record as Annexure P-16. C RM-30196-2024 This is an application under Section 528 of The Bharatiya Nagarik Suraksha Sanhita 2023 for placing on record additional affidavit as well as photocopy of death certificate as Annexure P-17 and summoning order as Annexure P-18.

Application is allowed and additional affidavit as well as

-2 - photocopy of death certificate and summoning order are taken on record as Annexures P-17 and P-18.

C RM-M-23255-2016 (O&M) Prayer in this petition under Section 482 Cr.P.C. is for (i) quashing of complaint dated 18.09.2010 (Annexure P-1) being Criminal Case No. 74/1 dated 18.09.2010 titled as 'Gurcharan Singh vs. Deepinder Singh and others' arising out of complaint under Sections 406, 420, 498-A, 120-B IPC pending in the Court of learned Judicial Magistrate 1 st Class, Ludhiana and all consequential proceedings arising therefrom. In compliance of last order dated 16.07.2024, learned counsel for the petitioners has placed on record the death certificate of the complainant/respondent No.1 as per which he expired on 28.11.2019 (Annexue P-17).

Learned counsel for the petitioners has also drawn the attention of this Court to the decree dated 28.09.2022 (Annexure P-16) passed by Superior Court of Justice, Brampton, Ontario whereby divorce has been granted by way of mutual consent to the petitioner and respondent No.2.

Learned counsel appearing on behalf of the complainant/respondent No.1 does not dispute the above said facts. In view of the facts as noticed above, present petition is allowed and complaint dated 18.09.2010 being Criminal Case No. 74/1 dated 18.09.2010 titled as 'Gurcharan Singh vs. Deepinder Singh and others' arising out of complaint under Sections 406, 420, 498-A, 120-B IPC (Annexure P-1); summoning order dated 02.04.2013 passed by learned

-3 - Judicial Magistrate 1st Class, Ludhiana in the said Criminal Case (Annexure P-18) and all the consequential proceedings arising therefrom are hereby quashed qua the petitioners.

Pending applications, if any, stand disposed of. 31.07.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No