Monika v. State Of Haryana And Others

2024:PHHC:030712 CRM-M-11133-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No. M-11133 of 2024 Date of decision :-04.03.2024 Monika .....Petitioner

Versus

State of Haryana and others .....Respondents CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Himanshu Jain, Advocate for the petitioner.

NIDHI GUPTA J. (Oral) Prayer in this petition is for issuing direction to the learned Judicial Magistrate 1st Class, Charkhi Dadri to expedite the disposal of the FIR No.22 dated 04.11.2019 (Annexure P-1), under Sections 313, 323, 406, 498-A, 34 IPC, registered at P.S. Women Police Station, Charkhi Dadri.

Learned counsel for the petitioner/complainant/wife inter alia submits that the petitioner was married to respondent No.2 and no child was born out of their wedlock. However, as the petitioner was allegedly thrown out of the matrimonial home on 27.5.2017, the present FIR was registered by her on 04.11.2019 against respondent No.2husband, respondent No.3-mother-in-law, respondent No.4-father-inlaw and respondent No.5-sister-in-law. Learned counsel states that despite the fact that the FIR is of the year 2019, learned Judicial Magistrate 1st Class, Charkhi Dadri has not disposed of the matter till VIJAY ASIJA 2024.03.05 19.45 I attest to the accuracy and integrity of this document

2024:PHHC:030712 CRM-M-11133-2024 date and the private respondents are deliberately delaying the matter by not appearing before the learned Court below. On advance notice, Mr. Ranvir Singh Arya, Addl. A.G., Haryana appears on behalf of respondent No.1-State of Haryana and brings the attention of this Court to the zimni orders attached with the present petition as Annexure P-2 collectively, where, at page 16 of the paper-book, wherefrom it is evident that the petitioner/complainant herself had not appeared before the learned trial Court till 05.05.2022 and accordingly, bailable warrants had been issued against her. Thereafter, the private respondents-accused have now appeared before the learned trial Court on 26.2.2024 and the next date of hearing before the trial Court is 15.5.2024.

In view of the above, no direction is required to be issued as prayed for.

The petition is hereby dismissed.

March 04, 2024 ( NIDHI GUPTA ) Vijay Asija JUDGE Whether speaking/reasoned Yes / No Whether Reportable Yes / No VIJAY ASIJA 2024.03.05 19.45 I attest to the accuracy and integrity of this document