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    Quashing Petition

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    Ritu Bansode
    1) Preeti filed a petition in the High Court of Punjab and Haryana seeking to quash an FIR registered against her husband Johny under Section 498A of IPC for dowry harassment. 2) Preeti and Johny had been married for over 20 years and have 3 children together, but their relationship deteriorated and they began living separately in 2016. 3) The parties have now reached a compromise, agreeing for Johny to transfer his share of property to Preeti, not pursue any civil or criminal complaints against each other, and withdraw his divorce petition. Given this compromise, Preeti argues the FIR should be quashed to avoid abuse of process of law.

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    Quashing Petition

    Uploaded by

    Ritu Bansode
    2K views4 pages
    1) Preeti filed a petition in the High Court of Punjab and Haryana seeking to quash an FIR registered against her husband Johny under Section 498A of IPC for dowry harassment. 2) Preeti and Johny had been married for over 20 years and have 3 children together, but their relationship deteriorated and they began living separately in 2016. 3) The parties have now reached a compromise, agreeing for Johny to transfer his share of property to Preeti, not pursue any civil or criminal complaints against each other, and withdraw his divorce petition. Given this compromise, Preeti argues the FIR should be quashed to avoid abuse of process of law.

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    1) Preeti filed a petition in the High Court of Punjab and Haryana seeking to quash an FIR registered against her husband Johny under Section 498A of IPC for dowry harassment. 2) Preeti and Johny had been married for over 20 years and have 3 children together, but their relationship deteriorated and they began living separately in 2016. 3) The parties have now reached a compromise, agreeing for Johny to transfer his share of property to Preeti, not pursue any civil or criminal complaints against each other, and withdraw his divorce petition. Given this compromise, Preeti argues the FIR should be quashed to avoid abuse of process of law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    2K views4 pages

    Quashing Petition

    Uploaded by

    Ritu Bansode
    1) Preeti filed a petition in the High Court of Punjab and Haryana seeking to quash an FIR registered against her husband Johny under Section 498A of IPC for dowry harassment. 2) Preeti and Johny had been married for over 20 years and have 3 children together, but their relationship deteriorated and they began living separately in 2016. 3) The parties have now reached a compromise, agreeing for Johny to transfer his share of property to Preeti, not pursue any civil or criminal complaints against each other, and withdraw his divorce petition. Given this compromise, Preeti argues the FIR should be quashed to avoid abuse of process of law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 4

    IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

    CRM.M.____________/2021

    Smt. Preeti aged about 39 Years Wife of Shri Johny daughter of shri Waryam
    Singh, resident of Village Birring, Near Bijli Ghar,Tehsil and District Jalandhar

    …Petitioner

    Versus

    1. State of Punjab
    2. Sh. Johny aged about 41 years son of Shri yusuf Masih, resident of Mohalla
    Chhibian, Nurmahal, Tehsil Phillaur, District Jalandhar

    ...Respondents

    Petition under section 482 Cr.P.C. for the quashing of the FIR No. 132 dated
    28.12.2019 under section 498-A IPC registered at Police Station PS women
    Jalandhar Annexure P-1, on the basis of Compromise/Memorandum of
    Understanding Annexure P-2

    AND

    It is further prayed that during the pendency of the present petition, the further
    proceedings arising out of the above-mentioned FIR may kindly be stayed on the
    basis of Compromise dated 25.08.2021 Annexure P-2, in the interest of justice.

    RESPECTFULLY SHOWETH:
    1. The petitioner is peace loving and law abiding citizens of India.
    2. That brief facts of the case are that marriage between Petitioner No.1 i.e.
    Preeti and respondent No. 2 Johny was solemnized in the year 25.08.1999
    according to Christian Religious Rites.
    3. The marriage still exists and has not been dissolved by any decree of
    divorce. Out of this lawful wedlock, a son namely Ritik Aged 21 Years,
    daughter Sejal aged 20 years and daughter Suneha aged 18 years who is
    presently in the custody of Preeti.
    4. After the marriage and birth of their children, strained relations developed
    between the husband and wife. Consequently, there was no improvement in
    the relationship between the parties.
    5. There was no cohabitation between the parties. The parties started living
    separately in June 2016 and are living separately since then. Petitioner No. 2
    filed a divorce petition against petitioner No. 1 under section 13 of the
    Hindu Marriage Act which is pending in the court tripat, Additional
    Principal Judge, Family Court, Jalandhar.
    6. Since there was no scope for any reunion or reconciliation between the
    parties as such, the respectable, common friends, and respectable from both
    sides advised the parties to get their marriage dissolved with each other.
    7. Acting on the advice of the respectable and in order to avoid mud-throwing
    on each other, the parties to the petition have decided to get their marriage
    dissolved by a decree of divorce with their mutual consent on the following
    terms and conditions, which are stated below.
    8. Petitioner No. 1 has been left with no claim against petitioner No. 2 nor shall
    she claim the same from the petitioner No. 2. It has also been decided that
    petitioner no 2 would execute a legal and valid sale deed in favor of
    petitioner no 1 regarding his share in the property situated at Mohalla
    Chhibbian Nurmahl Tehsil Phillaur District Jalandhar.
    9. That both the parties have further agreed not to file any civil or criminal
    case, complaint against each other or their parents or relatives, after the
    passing of the decree of divorce by the court. That the petitioner No. 2
    undertakes to withdraw the petition filed by him.
    10.That in view of the facts and circumstances enumerated hereinabove and
    also in view of the compromise arrived between the parties, the FIR in
    question is liable to be quashed because the continuance of proceeding in the
    above said FIR will be an abuse of process of law.
    11.That the Petitioner is left with no other speedy, alternative and efficacious
    remedy for the redressal of her prayers except to approach this Hon’ble
    Court by way of filing the present petition under Section 482 Cr.P.C.
    12.That no such or similar petition has earlier been filed by the Petitioner either
    in this Hon’ble Court or in the Hon’ble Supreme Court of India.

    It is humbly prayed as under:

    PRAYER

    a) FIR No.132, dated 28.12.2019 Section 498-A of IPC, registered at Police Station
    PS women Jalandhar on the basis of Compromise may kindly be quashed.

    AND

    b) It is further prayed that during the pendency of the present petition, the further
    proceedings arising out of the abovementioned FIR may kindly be stayed, in the
    interest of justice.

    …Petitioner
    Chandigarh

    Date:

    Through Counsel

    Varsha Bansode

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