KULDIP KAUR vs. STATE OF PUNJAB .

Case Type: Criminal Appeal

Date of Judgment: 11-12-2009

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2373 OF 2009 (Arising out of S.L.P. (Crl.) No.8689 of 2008) Kuldip Kaur ...Appellant(s) Versus State of Punjab and Ors. ...Respondent(s) With Criminal Appeal No.2374 of 2009 (Arising out of S.L.P. (Crl.) No.9575 of 2008) O R D E R Leave granted. These appeals are directed against the order dated th 18 July, 2008, passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Miscellaneous No.44599-M of 2007 and Criminal Miscellaneous No.9584-M of 2008. The appellants main grievance before this Court is th that Karamjit Kaur left the matrimonial home on 4 July, 1999 and the First Information Report [for short, `F.I.R.'] was th registered on 16 February, 2006, after a lapse of six years. We have heard learned counsel for the parties. The F.I.R. was filed after a lapse of six years and there is no satisfactory explanation of this inordinate delay in filing the F.I.R. ....2/- - 2 - On consideration of the totality of the facts and circumstances of the case, in the interest of justice, we deem it appropriate to quash the F.I.R. Consequently, the charges framed against the appellants-Kuldip Kaur and Gurdev Singh are also quashed. With the above observation, the appeals are disposed of. ......................J. [DALVEER BHANDARI] ......................J. [A.K. PATNAIK] New Delhi, December 11, 2009.