Civil Writ Petition No.6083 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 15.10.2008 Devinder Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE NAWAB SINGH Present:- Mr.Munish Bhardwaj, Advocate for the petitioner. Mr.Sandeep Moudgil, DAG, Punjab for respondents No.1 to 3. Mr.SS Chatrath, Advocate for respondent Nos.4 to 7. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? HEMANT GUPTA, J. Petitioner has invoked the writ jurisdiction of this Court for quashing of complaint filed by respondent No.4, i.e. wife of the petitioner for registration of case under Sections 406 and 498-A read with Section 34 IPC against the petitioner and his family members. It is the case of the petitioner that the marriage between the petitioner and respondent No.4 was solemnized on 25.3.2003 at village Sangojla, District Kapurthala according to Sikh rites and ceremonies. However, subsequently the relations between the parties became strained. The petitioner lodged a complaint against Kulwant Singh, cousin of respondent No.4 for an offence under Section 307 IPC. It is the case of the petitioner that wife has lodged a complaint against him for an offence under Sections 406 and 498-A Civil Writ Petition No.6083 of 2008 2 IPC, therefore, the proceedings initiated against the petitioner on the complaint made by his wife be quashed. Having heard the learned counsel for the parties, we are of the view that the writ raises disputed question of fact. This is the question of inquiry and investigation whether the petitioner has committed an offence under Sections 406 and 498-A IPC or whether Kulwant Singh-respondent No.5 has committed an offence under section 307 IPC. In the exercise of writ jurisdiction, we are of the considered opinion that such disputed question of fact cannot be examined. Consequently, the writ petition is dismissed. (HEMANT GUPTA) JUDGE (NAWAB SINGH) 15.10.2008 JUDGE AS