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2016 Supreme(P&H) 564

DAYA CHAUDHARY
Davinder Singh Bhella – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioners:Mr. Kanwaljit Singh, Sr. Advocate with Mr. B.B.S. Randhawa, Advocate.
For the Respondent-State: Mr. Rupam Aggarwal, D.A.G., Punjab.

JUDGMENT

Mrs. Daya Chaudhary, J.: - This petition has been filed under Section 482 of the Cr.P.C by the petitioners, namely, Davinder Singh Bhella and Manjit Kaur for quashing of FIR No.131 dated 05.07.2006 registered under Sections 406 and 498-A IPC at Police Station City Kotkapura and all consequential proceedings arising therefrom.

2. Petitioner no.1-Davinder Singh Bhella was married to respondent No.2 on 03.06.2001. After marriage, both the parties resided together as husband and wife only for a period of few days at Ludhiana. Thereafter, they were separated from each other due to the differences arose between them. A complaint was made by respondent No.2 and on the basis of said complaint, the FIR, in question, was registered against the petitioners, whereas, they were not present even in India. No service was effected upon them. Ultimately, they were declared as proclaimed offenders vide order dated 08.07.2012. However, during pendency of the proceedings, a compromise was arrived at between the parties and a divorce petition filed under Section 13-B of the Hindu Marriage Act was allowed and divorce was granted. Three co-accused of the petitioners were acquitted of the charge b







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