CRM No. M-9970 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-9970 of 2009 (O&M) Date of decision: 27.5.2009 Rajan Kumar ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. V.K. Thakur, Advocate, for the petitioner. Mr. Shailesh Gupta, DAG, Punjab. Rajan Gupta, J. Learned counsel contends that the marriage of the petitioner with the complainant was solemnized 8 years ago. The divorce petition was filed by the petitioner-husband in which the complainant was duly served, but she chose not to appear. The decree of divorce was granted on April 7, 2008. Thereafter on June 10, 2008, an application for setting aside the said decree was moved by the complainant. The instant FIR has been lodged thereafter i.e. on December 22, 2008. According to the counsel, the allegations levelled in the FIR are motivated. Learned State counsel (on instructions from ASI Baljit Singh, who is present in Court) submits that pursuant to order dated April 16, 2009, the petitioner has joined the investigation and is no longer required for custodial interrogation. In view of the statement made by learned State counsel, the CRM No. M-9970 of 2009 2 interim order dated April 16, 2009 is hereby made absolute subject to the conditions as envisaged under Section 438 (2) Cr.P.C. The petition stands disposed of. (RAJAN GUPTA) JUDGE May 27, 2009 'rajpal'