ZAKIR HUSSAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MOHD . Ali respondent No. 2 was married to Mst. Najo in the year 1979 and out of this wedlock four children were born. On 25-1-1991 Mohd. Ali lodged a report at Police Station Chamkaur Sahib, alleging that his wife Najo had been abducted by Mohd. Alam Zakir Hussain. and Sammudin. The present petition has been filed under Section 482 of the Code of Criminal Procedure, by Zakir Hussain, for quashing FIR No. 8 recorded at the instance of Mohd., Ali at Police Station Chamkaur Sahib under Section 363/366 Indian Penal Code on the averments that Mst. Najo had himself eloped with Mohd. Alam. The parties to the litigation belonged to Mohammaden Gujjar community and on the intervention of Gujjar Panchayat they affected a' compromise (Annexure P2) on 21-3-1991. On the same day a deed of divorce was executed between Mohd. Ali who lodged the report and his wife Najo wherein it was specifically mentioned that Mohd. Ali had no legal right against his ex-wife Najo. Copy of the divorce deed was annexure P3. Compromise deed and divorce deed were handed over to the Investigating Officer for cancellation of the First Information Report but no action was taken on the basis of the same. The continuation of the proceedings in, these circumstances will be an abuse of the process of the court . Hence the petition.

(2.) I have heard Mr. O. P. Hoshiarpuri counsel for the petitioner and Mr. Ramesh Kumar counsel for respondent No. 2.

(3.) ANNEXURE P3 shows that Mohd. Ali divorced his wife Mst. Najo according to Muslim conventions and then effected compromise. with Zakir Hussain voluntarily. Compromise deed Annexure P2-was duly executed whereby he was not left with any legal right against Mst. Najo. In consideration of divorcing Mst. Najo he was given a girl named Alak Biwi D/o Ali Mohd. in marriage and his son was also betrothed to the daughter of Ditu son of Dalmir resident of village Rattu. Under these circumstances I find that if the criminal proceedings are permitted to continue it will amount to an abuse of the process of the court and uncalled for harassment of the petitioner. 1, therefore, allow the petition and quash First Information Report No. 8 dated 25-1-1991 registered at Police Station Chamkaur Sahib under Sections 363/366. Indian Penal Code. Petition allowed.