High CourtsSingle Bench(2003) 01 P&H CK 0008

Gurdeep Singh, Manmohan Singh, Kuljit Kaur, Inderpal Singh and Miss Harjinder Kaur vs State of Punjab and Harpreet Kaur

Punjab And Haryana At Chandigarh · Decided on 14 January 2003

HON’BLE JUDGES
K.S. Garewal, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous No. 33277-M of 2001

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Judgment

4 paragraphs · 208 words

K.S. Garewal, J.—The petition u/s 482 Cr.P.C. has been filed by Gurdeep Singh and four others for quashing of FIR 237 dated July 14, 2001 under Sections 498-A/406/34 IPC registered at PS Kotwali, Kapurthala.

2.

The case against the accused was that petitioner 1 was married to Harpreet Kaur on February 18, 2001 at Ambala. The marriage between the parties was not consummated as Harpreet Kaur was not fit to lead a normal married life. Petitioner 1 alleged that a fraud had been played upon him as Harpreet Kaur was not fit for marriage. This led to a dispute between the parties and Harpreet Kaur left the company of petitioner 1.

3.

The matrimonial troubles between husband and wife, differences between them, difficulties that they may experience in consummating marriage, unfitness of either party to consummate the marriage are all valid grounds to be set up in defence at the trial but are not good grounds to challenge the FIR or seeking its quashment. The above grounds can always be pleaded by the accused in defence but the investigate them in a petition u/s 482 Cr.P.C. can be grossly unjust to the complainant.

4.

Therefore, there is no merit in this petition and the same is hereby dismissed.