Petitioner sought quashing of a Section 498-A IPC FIR alleging invalid marriage. Court refused to interfere as criminal trial is underway and charges are imminent, granting liberty to raise pleas before the trial court.
Petition disposed of; liberty granted to raise pleas at time of framing of charges.
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CRM-M No.16246 of 2021 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.16246 of 2021 (O&M) Date of Decision:19.04.2021 (HEARD THROUGH VC)
Lokesh Kumar
...Petitioner
Versus
State of Haryana and another
...Respondents
CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:Mr. Radhe Shyam Sharma, Advocate for the petitioner.
Ms. Deepshikha Chauhan, AAG, Haryana.
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JAISHREE THAKUR, J. (ORAL)
This is a petition that has been filed for quashing of the FIR No.205 dated 08.08.2019 under Sections 323, 34, 406, 498-A IPC registered at Police Station Israna, District Panipat and all subsequent proceedings arising therefrom.
Counsel for the petitioner herein inter alia contends that the FIR is not maintainable per se on the ground that the complainant was already married to one Rohtash, as would be evident from Annexure P-2 issued by the Arya Samaj Mandir Vivah Sanskar Trust on 04.04.2014. He also relies upon the affidavit (Annexure P-3) executed by the complainant wherein she had stated that she intends to marry Mr. Rohtash. It is further submitted that in fact marriage itself is not valid marriage between the petitioner and the complainant and he stands duped. In fact, he has already
PANKAJ KUMAR 2021.04.20 12:01 I attest to the accuracy and integrity of this document
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CRM-M No.16246 of 2021 (O&M)
filed a petition under Section 11 of the Hindu Marriage Act, which his pending before the Court at Sonipat. Counsel for the petitioner prays for stay of proceedings in the said FIR.
Notice of motion.
Ms. Deepshikha Chauhan, AAG, Haryana, who is present
through the medium of video conferencing, accepts notice for the respondent-State and informs the Court that the matter has already been investigated and challan stands presented and in fact, charges are to be framed on 26.04.2021.
In such a situation, this Court is loath to interfere in the said FIR considering the fact that the Courts below are seized of the matter and charges are to be framed, however, while disposing of this petition, liberty is granted to the petitioner to raise all pleas before the Court below at the time of framing of the charges.
The instant petition is disposed of with the aforesaid observations.
April 19, 2021 (JAISHREE THAKUR) Pankaj* JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No
PANKAJ KUMAR 2021.04.20 12:01 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the petition for quashing FIR is maintainable given pending civil proceedings regarding validity of marriage under Section 11 of the Hindu Marriage Act.
4 provisions across 1 enactments
Lokesh Kumar
State of Haryana
Jaishree Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
