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High Court of Punjab and HaryanaCRM-M/23783/2019dismissed

Ajay Kumar v. Sarita And Others

2019-11-06Mr. Justice Hari Pal Verma2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No.M-23783 of 2019 Date of Decision: 06.11.2019 Ajay Kumar

...Petitioner (s)

Versus

Mrs. Sarita & others

...Respondent(s)

CORAM:- HON'BLE MR. JUSTICE HARI PAL VERMA Present:- Mr. Sandeep Gahlawat, Advocate for the petitioner.

Mr. Abhishek Sharma, Advocate for respondents.

***** HARI PAL VERMA, J. (Oral) Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of Criminal Complaint filed by respondent no.1-wife under Sections 17, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 against the petitioner-husband. On May 23, 2019, when this case was listed before this Court, counsel for petitioner, on instructions from the petitioner, who was present in Court, had offered that the petitioner is ready to settle the dispute with respondent no.1 amicably. Accordingly, the petitioner and respondent no.1 were directed to appear before the Mediation and Conciliation Centre of this Court.

ASHWANI KUMAR 2019.11.08 18:07 I attest to the accuracy and integrity of this document

Criminal Misc. No. M-23783 of 2019 -2As per the report of the mediator, despite best efforts, no amicable settlement could be arrived at between the parties. At this stage, counsel for the petitioner, on instructions from his client, who is present in Court, says that the parties have mutually settled their dispute and accordingly, they are staying together as husband and wife.

Counsel for respondent no.1, on instructions from respondent no.1 states that respondent no.1 is staying with petitioner as his wife and as on date, there is no dispute between them and she would like to withdraw the complaint filed by her against the petitioner before Judicial Magistrate Ist Class, Chandigarh.

In view of the statements of learned counsel for the parties, the petitioner is permitted to withdraw the present petition with liberty to approach the Magistrate, seeking withdrawal of the Criminal Complaint in question, by filing a joint affidavit to the effect that they have settled their dispute amicably and now, they are staying together as husband and wife. Accordingly, the present petition is dismissed as having been rendered infructuous.

November 06, 2019 ( HARI PAL VERMA ) AK JUDGE Whether speaking / reasoned?

Yes / No Whether reportable?

Yes / No ASHWANI KUMAR 2019.11.08 18:07 I attest to the accuracy and integrity of this document