Punjab-Haryana High Court
Bhupinder Singh @ Gurinder Singh vs Jaswant Kaur @ Jasdeep Kaur & Ors on 3 September, 2014
Author: Ritu Bahri
Bench: Ritu Bahri
CRM-M-27713 of 2014 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl. Misc No. M-27713 of 2014 (O&M)
Date of decision : 03.09.2014
Bhupinder Singh @ Gurinder Singh ....Petitioner
versus
Jaswant Kaur @ Jasdeep Kaur and others ...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Gurinderjit Singh, Advocate
for the petitioner.
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RITU BAHRI , J. (Oral)
The instant petition filed under Section 482 Cr.P.C is for quashing of impugned orders dated 11.4.2014 and 12.06.2014 passed by learned Judicial Magistrate Ist Class, Fatehgarh Sahib (P-4 and P-5) whereby the application for setting aside the ex-parte order dated 12.1.2010, 13.07.2010 and proceedings against the petitioner, was dismissed. Further prayer is for staying the execution proceedings during the pendency of the petition.
On 13.07.2010 in an application filed by respondent No. 1 under Section 125 Cr.P.C, ex parte order was passed by the learned Judicial Magistrate Ist Class, Fatehgarh Sahib (P-2). Respondent No. 1 thereafter filed execution application for implementation of order GAURAV 2014.09.05 16:37 I attest to the accuracy and integrity of this document CRM-M-27713 of 2014 -2- dated 13.07.2010 vide which the respondent No. 1 granted Rs.1000/- per month maintenance and Rs.1200/- per month each to respondent Nos. 2 and 3 from the date of application. But instead of paying the maintenance, the petitioner filed an application for setting aside ex- parte order dated 12.01.2010 and 13.07.2010 with the averments that petitioner could not attend the proceedings of the petition due to his illness as heart patient. The said application was dismissed, vide impugned orders (P-4 and P-5).
Learned counsel for the petitioner has further submitted that the petitioner had already deposited an amount of Rs.3,26,000/- in the execution towards maintenance but the Executing Court further clear that in case of non-payment of stipulated amount i.e Rs.1,50,000/-, ex-parte order would remain valid and enforceable and court will proceed with the application under Section 128 Cr.P.C.
No ground is made out to quash order dated 11.4.2014 and 12.06.2014 passed by learned Judicial Magistrate Ist Class, Fatehgarh Sahib (P-4 and P-5) as the application of the petitioner has rightly been rejected.
The petition stands dismissed.
03.09.2014 (RITU BAHRI) G.Arora JUDGE GAURAV 2014.09.05 16:37 I attest to the accuracy and integrity of this document