Criminal Revision No.1422 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 1422 of 2008 Date of Decision: 4.8.2008 Chhinderpal Kaur …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Deepak Aggarwal, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) Counsel for the petitioner contends that Chhinder Pal Kaur was married with Sukhdev Singh. The marriage was in dole-drums. Five children were born to Chhinder Pal Kaur from the loins of Sukhdev Singh. Veer Pal Kaur daughter of the petitioner lodged case FIR No. 122 dated 23.12.2006 at Police Station Raman under Sections 307, 406, 506, & 109 IPC. Chhinder Pal Kaur had suffered injuries. Later matrimonial dispute was settled and a Panchayati Divorce (Annexure P1) was arrived at between the parties. As per the agreement, divorce was to be granted to the petitioner. It was also agreed that the cases shall be withdrawn against each other. To facilitate withdrawal of the case, Chhinder Pal Kaur and Veer Pal Kaur resiled in the Court and helped Sukhdev Singh to secure his acquittal. Criminal Revision No.1422 of 2008 2 Vide judgment (Annexure P2), Sukhdev Singh was acquitted. On the same day, learned Additional Sessions Judge, Bathinda, passed the impugned order for trying Veer Pal Kaur and injured eye witness Chhinder Pal Kaur, petitioner, summarily under Section 344 Cr.P.C. Section 344 Cr.P.C. prescribes three months imprisonment and a fine of Rs.500/-. There is no doubt that the witnesses have resiled. They have not maintained the sanctity of the oath and there is a breach on their part. Since it was a matrimonial dispute, husband and wife by way of compromise had obtained a divorce. As per compromise, to attain the object of amity, harmony and cordial relations and to end bad blood for the welfare of the children, witnesses have resiled. The trial Court if persuaded will take it as mitigating circumstances while finally disposing off the case. With these observations, the present petition is disposed off. Copy of this order be given dasti on payment of usual charges. (Kanwaljit Singh Ahluwalia) Judge August 4, 2008 “DK”