The High Court dismissed a petition seeking quashing of an FIR under sections 304-B and 498-A IPC. The court held that as the trial was underway with witnesses examined, no grounds for interference under Section 482 CrPC were established.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Criminal Misc. No.1361 -M of 2011
DATE OF DECISION : SEPTEMBER 16, 2011
SONU SHARMA
....... PETITIONER(S)
VERSUS
STATE OF HARYANA & ANR.
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. Saurabh Arora, Advocate, for the petitioner(s). Mr. BS Saini, Sr. DAG, Haryana. Mr. NS Shekhawat, Advocate, for respondent No.2.
AJAI LAMBA, J. (Oral)
1 This petition has been filed under Section 482, Code of Criminal Procedure, praying for quashing of FIR No.331 dated 14.09.2009 under Sections 304-B and 498-A, Indian Penal Code, Police Station, Mohindergarh, District Mohindergarh (Annexure P- 1) and subsequent proceedings.
2 Learned counsel for the respondent-State, on instructions from ASI Jaswant Singh, states that the trial is underway. Four prosecution witnesses have already been examined.
3 Considering the stage of the case, no ground for interference in this petition under Section 482, Code of Criminal Procedure, is made out.
Criminal Misc. No.1361 -M of 2011
2
to raise all the pleas taken in this petition before the trial court.
September 16, 2011 ( AJAI LAMBA ) Kang JUDGE
2 issues framed by the court
Whether the High Court is empowered to quash the FIR and proceedings under Section 482 CrPC given that the trial has commenced.
Whether sufficient grounds for interference are made out.
3 provisions across 2 enactments
SONU SHARMA
STATE OF HARYANA
AJAI LAMBA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
