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Tuesday, March 9, 2010

Quashing--Petitioners relations from in-laws family of estranged wife-respondent no.2.--

2010(1) LAW HERALD (P&H) 180
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice S. D. Anand
Criminal Misc. No.M-6171 of 2008
Arjan Singh & Ors.
v.
State of Haryana & Anr.
{Decided on 08/12/2009}
For the Petitioner: Mr. J.S.Bedi, Advocate.
For the Respondent No.2: Ms. Neena Madan, Addl. Advocate General, Haryana Mr. N.D.Achint, Advocate.
Criminal Procedure Code, 1973, S 482--Quashing--Petitioners relations from in-laws family of estranged wife-respondent no.2.--Recalling of compromise filed by Respondent No.2--Husband of respondent no.2 did honour the compromise by withdrawing the complaint filed against wife but wife had not honoured her undertaking--Petitioners 80 years widowed father-in-law and married sister-in-laws--In circumstance of case, continuance of impugned prosecution amount to an abuse of process of Court--If plea for recall is allowed it will open to wife to also apply for recall of this order--Court cannot be a party to prosecution of relation of husband just because his relationship with wife has gone sour when they had ended their fight by compromise--Impugned proceeding stand quashed qua petitioners.