L.N.MITTAL, J. - (1.) HARJIT Kaur has filed the instant petition under Section 482 of the Code of Criminal Procedure for quashing of criminal complaint dated 23.4.2002 (Annexure P-1) filed by her husband Jaswinder Singh-respondent as well as for quashing of summoning order dated 9.8.2002 (Annexure P-2) and the consequent proceedings arising therefrom.
(2.) RESPONDENT filed divorce petition against the petitioner under Section 13 of the Hindu Marriage Act, 1955 whereas the petitioner filed petition for restitution of conjugal rights against the respondent under Section 9 of the Hindu Marriage Act, 1955. The petitioner in the written statement filed in the divorce petition, inter alia pleaded as under :- "As a matter of fact, the petitioner is a man of bad character and even goes to another women. On 26th December, 1998, the petitioner forcibly asked the respondent to go with Daljit Seera who is owner of petrol pump on Hazipur Road, Dasuya to Dalhousie at 12 O'clock. When she refused to go with him, the petitioner gave beatings to the respondent and turned out from the house in just three wearings and also retained her gold ornaments and other valuable articles and further refused to maintain her. No woman would like to level such allegations against her husband, but in this respect when a protector of the wife becomes the devil then only God can save her." Similar allegations were levelled by the petitioner in her petition under Section 9 of the Hindu Marriage Act, 1955. The respondent alleging the aforesaid averments of the petitioner to be defamatory, filed the impugned complaint (Annexure P-1) under Section 500 of the Indian Penal Code. The petitioner has been summoned to face trial for the said offence vide summoning order dated 9.8.2002 (Annexure P-2). The aforesaid divorce petition stands dismissed vide judgment dated 27.3.2003 of learned Additional District Judge, Fast Track Court, Hoshiarpur (Annexure R-1). Learned counsel for the respondent states that respondent's appeal against the said judgment is pending in this Court.
(3.) LEARNED counsel for the petitioner states that during the pendency of the divorce petition, the petitioner withdrew her petition which she had filed under Section 9 of the Hindu Marriage Act, 1955.;