Petition under Section 482 Cr.P.C. sought quashing of a matrimonial-discord FIR under Sections 323, 498-A and 506 IPC. The trial was at an advanced stage with three of eight witnesses examined. Following the Coordinate Bench ruling in Sikandar Masih, the Court declined to interfere and dismissed the petition.
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CRM-M-18880-2022 -1-
IN T HE HIGH COURT OF PUNJ A B AND HARYANA AT CHANDIGA R H
230 CR M -M-18880-2022
Dat e of Decision: 11.11.2024
Sandeep .… Petitioner
Versus
The State o f Haryana and another .... Respondents
CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA
Present: - None for the petitioner.
Mr. Aditya Pal Singla, AAG, H aryana.
NIDHI GUPTA, J. (ORAL)
Prayer in this petition filed u n der Section 482 Cr.P.C. is for quashing o f FIR No. 9 dated 15.01.2020 ( A nnexure P-1) registered under Sections 323, 498-A and 506 IPC at P o lice Station Badhara, District Charkhi D a dri (Sections 323, 34, 354 an d 406 IPC deleted later on) and all conseq u ential proceedings arising there f rom.
The matter pertains to the yea r 2022.
There is no representation on behalf of the petitioner despite the case h a ving been called twice. On t h e last date of hearing also i.e. 28.05.202 4 , the petitioner had gone un-rep r esented.
On instructions from ASI S o mbir, learned counsel for the State has informed that initially, 05 persons were named in the FIR, however, u pon investigation, challan w a s presented only against the present pe t itioner. It is also informed that t he trial is at advanced stage as challan in the present case was presented on 28.02.2020; out of total 08
RISHU KATARIA 2024.11.12 18:45 I attest to the accuracy and authenticity of this order/judgment.
CRM-M-18880-2022 -2-
prosecutio n witnesses, 03 witnesses alrea d y stand examined and the next date of he a ring before the learned trial Co u rt is 02.12.2024.
Heard.
Perusal of the record shows that petitioner was married to responden t No. 2-complainant on 28.12. 2 009. Two children i.e. on son and one d a ughter were born out of the s a id wedlock on 21.07.2011 and 03.05.201 4 , respectively. Due to matrim o nial discord, the parties have started res i ding separate, as a result of w h ich the present FIR (Annexure P-1) came t o be registered on 15.01.2020.
At this stage, reference may be made to a judgment by a Coordinat e Bench of this Court, in case o f SikandarMasih Alias Shera and Another vs State of Punjab and Another” decided on 9.2.2023, wherein it has been held that when trial i s already at advanced stage/has commenced “ … the High Court should re f rain from exercising its power under Section 482 of the Code, as in such cases, the trial court would be in a posit i on to decide the case finally on merits and to come to a conclusion as to whether the offence unde r Section 307 IPC is committed or not…”.
As such, no ground is made o ut to quash the FIR when trial is already at advanced stage and the le a rned trial court is extensively apprised o f the matter.
In view of the above , present p etition is dismissed .
11.11.2024 ( NIDHI GUPTA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No
RISHU KATARIA 2024.11.12 18:45 I attest to the accuracy and authenticity of this order/judgment.
1 issue framed by the court
Whether an FIR under Sections 323, 498-A and 506 IPC should be quashed when the trial is at an advanced stage and the petitioner is unrepresented.
Colour shows how this judgement treated each authority
Sikandar Masih Alias Shera and Another vs State of Punjab and AnotherRelied on¶21
decided on 9.2.2023
2 provisions across 2 enactments
Sandeep
The State of Haryana
Respondent No. 2 (complainant)
Nidhi Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
