Partly allowed

Hardev Sngh & Ors. v. State of Punjab & Anr.

Punjab & Haryana HC2 Jan 2012CRM-M/4865/2010

Case brief

AI extract

What is this about?

The Court allowed the petition in part and quashed the FIR regarding two specific petitioners. It noted the absence of specific allegations against the elder brothers who were married and living separately, granting them relief with liberty for others to move respective applications.

What did the court decide?

FIR No.196/09 and consequential proceedings were quashed specifically against Petitioners No.1 and 2.

Hardev Sngh & Ors. Vs State of Punjab & Anr. — Matrimonial and Divorce | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. M. No.4865-M of 2010 Date of Decision:2.1.2012

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Hardev Singh and others

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.... Petitioners

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Versus

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State of Punjab and another

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.... Respondents

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CORAM: Hon'ble Ms. Justice Nirmaljit Kaur

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Present: Mr. Vineet Sharma, Advocate for the petitioners. Mr. Kirat Singh, Sidhu, D.A.G. Punjab. Mr. Ashu Kaushik, Advocate for respondent No.2.

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1.Whether Reporters of Local Newspapers may be allowed to see the judgment?

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2.To be referred to the Reporters or not?

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3.Whether the judgment should be reported in the Digest?

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NIRMALJIT KAUR, J.(Oral)

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This is a petition under Section 482 Cr.P.C. for quashing of FIR No.196/09 dated 11.9.2009 registered under Sections 498-A, 406 IPC at Police Station B-Division Amritsar.

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After arguing for some time, learned counsel for the petitioners prays that he may be allowed to withdraw the present petition qua petitioners No.3 and 4 with liberty to raise all the requisite pleas before the trial Court.

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Dismissed as withdrawn qua petitioners No.3 and 4 with liberty as prayed for. The petitioners No.3 and 4 are at liberty to move an application for exemption from personal appearance before the trial Court which shall be considered in accordance with law.

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A perusal of the FIR shows that there is no specific allegation against petitioners No.1 and 2 who are elder brothers of the husband i.e. brother-in-law of the complainant and are married and are staying

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-2-

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Crl. M. No.4865-M of 2010

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separately.

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Learned counsel appearing on behalf of respondent No.2 has not been able to dispute this position.

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In view of the above, the present petition is allowed qua petitioners No.1 and 2 and FIR No.196/09 dated 11.9.2009 registered under Sections 498-A, 406 IPC at Police Station B-Division Amritsar and all consequential proceedings arising therefrom are hereby quashed qua petitioners No.1 and 2.

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2.1.2012 ( NIRMALJIT KAUR ) rajeev JUDGE

Hardev Sngh & Ors. v. State of Punjab & Anr.

Case brief

What is this about?

What did the court decide?

Hardev Sngh & Ors. v. State of Punjab & Anr.

Case brief

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What did the court decide?

What the court decided

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