JAGJEET SINGH S/O SHRI BUTA SINGH Vs. THE STATE OF RAJASTHAN.
LAWS(RAJ)-2018-1-127
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
Decided on January 19,2018

Jagjeet Singh S/O Shri Buta Singh Appellant
VERSUS
The State Of Rajasthan. Respondents

JUDGEMENT

- (1.) Heard learned counsel for the petitioners, learned P.P. and the learned counsel for the respondent. Perused the material on record.
(2.) By way of this petition under Section 482 Cr.P.C., the petitioners have approached this Court for challenging the order dated 26.6.2014 passed by learned Addl. Sessions Judge No.1, Sri Ganganagar in revision affirming the order dated 11.4.2005 passed by learned Judicial Magistrate Ist Class No.1, Sri Ganganagar in Cr. Case No. 126/2005 whereby cognizance was taken against the petitioners for the offences under Sections 406 , 498A and 384 IPC.
(3.) The petitioners herein are matrimonial relatives of the respondent no.3 Jaspal Kaur who was married to petitioner no. 1 Jagjeet Singh. It is an admitted position from record that in the year 2004 the parties presented an application under Section 13B of the Hindu Marriage Act in the Court of District Judge, Kapurthala which came to be allowed vide judgment dated 1.2.2005. In the said judgment following finding was recorded by the learned District Judge on the basis of the consensus of the parties:- "It was further agreed to between the parties, that they both would withdraw all the civil and criminal cases pending before various courts, filed by them against each other. It was further agreed to between the parties, that petitioner no. 1 would not claim maintenance in future. It was further stated that the petition had not been filed, in collusion with each other. Jaspal Kaur petitioner no.1 also stated that she had received permanent alimony and her dowry articles from Jagjeet Singh petitioner no.2." ;


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