Disposed

Meenakshi v. State of Punjab and Another

Where trial is at its fag end – charge framed and prosecution evidence substantially complete

Punjab & Haryana HC19 Nov 2024CRM-M/4569/2021

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Petitioner sought quashing on merits of an FIR under Sections 498-A and 406 IPC for cruelty and criminal breach of trust by the complainant's nanad. The trial was at an advanced stage with only some witnesses remaining. Following a co-ordinate Bench decision, the Court declined to quash and disposed of the petition.

What the court decided

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Meenakshi Vs State of Punjab and Another — Dowry and Cruelty | Punjab & Haryana HC (2024)

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CRM-M-4569-2021

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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237-I

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Criminal Misc. No. M-4569 of 2021 Date of decision :-19.11.2024

Meenakshi

…..Petitioner

Versus

State of Punjab and another

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…..Respondents

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CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

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Present:Mr. Rau P.S. Girwar, Advocate for the petitioner.

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Ms. Aakanksha Gupta, AA G , Punjab.

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Mr. Saksham Malhotra, Ad v ocate (Legal Aid Counsel) for respondent No.2 (throug h VC).

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NIDHI GUPTA J. (Oral)

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The petitioner, who is mar r ied sister-in-law (Nanad) of the comp l ainant/respondent No.2 is seek i ng quashing of FIR No.0042 dated 19.12.2020 (Annexure P-1) under S ections 498-A and 406 IPC, registere d at Police Station Women, Dist r ict Bathinda, on merits .

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At the very outset, learne d counsel for the State, on instructions, informs this Court that in t h e present case the trial is at advanced stage as out of total 13 prosec u tion witnesses, 05 witnesses have bee n examined, 02 witnesses have been given up and therefore only 08 prosecution witnesses remain to b e examined.

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Learned counsel for the S tate submits that in similar circumst a nces where trial was at its fag end, a Co-ordinate Bench of this Cour t declined to quash the FIR in “Sikandar Masih @ Shera &

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VIJAY ASIJA 2024.11.22 09.36 I attest to the accuracy and integrity of this document

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CRM-M-4569-2021

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Ors. Vs. State of Punjab & Ors.” decided on 09.02.2023 Law Finder Doc ID 2213918, holding that “…Like w ise, those cases where the charge is framed but the evidence is yet t o start or the evidence is still at infanc y stage, the High Court can sh o w benevolence in exercising its powe r s favourably, but after pri m a facie assessment of the circumst a nces/material mentioned abov e . On the other hand, where the prose c ution evidence is almost comp l ete or after the conclusion of the evide n ce the matter is at the stage of a rgument, normally the High Court sh o uld refrain from exercising its power under Section 482 of the Code , as in such cases the trial co u rt would be in a position to decide t h e case finally on merits and t o come a conclusion as to whether t h e offence under Section 307 IPC is committed or not”.

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In view of the above, pre s ent petition stands disposed

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of.

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Pending application, if any, stands disposed of.

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Whether sp e aking/reasoned Yes / No Whether Re p ortable Yes / No

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VIJAY ASIJA 2024.11.22 09.36 I attest to the accuracy and integrity of this document

Meenakshi v. State of Punjab and Another

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Meenakshi v. State of Punjab and Another

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