- (1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) for quashing of order dated 17.8.2009 (Annexure P-1) and order dated 16.12.2009 (Annexure P-3).
(2.) Learned counsel for the petitioners has submitted that marriage of petitioner No.3 and respondent No.2 was performed on 10.6.1996. They started resided separately since 10.11.1996. FIR in question was registered on 3.2.1997 at the behest of respondent No.2. Challan was prepared by the investigating agency after investigation on 22.1.1998 and was presented in the court on 15.4.1999. FIR qua accused Tajinder Singh was quashed by this Court vide order dated 16.7.2002 (Annexure P-6). FIR in question was quashed qua other co-accused by this Court vide order dated 18.5.2009 . So far as petitioners No. 1 and 2 are concerned, their petition was dismissed as withdrawn on 18.5.2009. Thereafter, petitioners had moved an application under Section 468 Cr.P.C. with the prayer that the court could not take cognizance of the matter as the FIR in the present case was registered on 3.2.1997 and the challan was presented on 15.4.1999. Till 2.5.2006, the proceedings qua the present petitioners had not been stayed by this Court but the trial Court had failed to take cognizance of the matter. Hence, the petitioners were liable to be discharged. The trial Court had erred in dismissing the application moved by the petitioners vide order dated 17.8.2009 (Annexure P-1). The court of revision, without considering the factual aspect of the case, had dismissed the revision petition on irrelevant grounds vide impugned order dated 16.12.2009 (Annexure P-3).
(3.) Learned State counsel as well as learned counsel for respondent No.2, on the other hand, have opposed the petition.;