J.B.GARG, J. - (1.) INDERJIT Singh Kang, a brother-in-law of the husband, Jorawar Singh, the husband, Gurbachan Kaur Mann, mother-in-law, Surjit Kaur Mann, a sister of the husband and Manavjit Kaur Kang, another sister of the husband, have moved the present petition under Section 482 of the Code of Criminal Procedure and challenged the summoning order and the subsequent proceedings in a complaint instituted by Parneet kaur, for offence under Section 406 of the Indian Penal Code and pending in the Court of Judicial Magistrate Ist Class, Chandigarh.
(2.) BRIEFLY , the facts are that Parneet Kaur a resident of House No. 3119, Sector 32-D, Chandigarh was married to Zorawar Singh Mann of Karnal on 27.2.1983 at Chandigarh. A daughter has also been born out of the wed-lock and she is being maintained by Parneet Kaur, the mother. It appears that the difference between the spouses arose mainly on account of incompatibility of the temperament. A petition for mutual divorce was moved and the District Judge, Chandigarh passed a decree of dissolution of the marriage on 29.3.90. The learned counsel for the petitioners has pointed out that it is an admitted fact that the marriage between the parties took place on 27.2.83 and parneet Kaur the wife had been residing away from the husband since 10.2.85. The relevant para of the statement of Parneet Kaur recorded in the Court of District Judge, Chandigarh on 29.3.90 is reproduced as under :- "I have voluntarily consented to the dissolution of the marriage and there has been no force or coercion or misrepresentation or inducement given to for my giving the consent. I and my husband have not been able to resolve out mutual claims in respect of various matters. However, we both shall sort them out of Court and or through resort to legal course. At the moment the custody of the minor child is with me." A perusal of the statement goes to show that in this case of educated couple nothing was or at any rate remained entrusted to Inderjit Singh kang, who retired from the Indian Forest Service and is husband of petitioner No. 5 Manavjit Kaur Kang, a sister of Zorawar Singh. Similarly, Gurbachan Kaur Mann, have been unnecessarily dragged into this process of court. As seen above, Parneet Kaur had herself resolved that she and her husband both shall sort-out, out of Court or through legal course their mutual claims. In these circumstances, the present petition succeeds partly and the complaint in question is hereby quashed qua Inderjit Singh Kang, Gurbachan Kaur Mann, Surjit Kaur Mann and Manavjit Kaur Kang. As regards Zorawar Singh Mann, the husband, the present petition is dismissed. The trial Court be informed.;