High Court of Punjab and HaryanaCRM-M/11661/2023disposed of

Aamna Begum And ORS. v. State Of Haryana And Another

2024-02-14Mrs. Justice Manisha Batra2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 102-2 CRM-M No.11661 of 2023 Date of decision: 14.02.2024 AAMNA BEGUM AND OTHERS .... Petitioners

Versus

STATE OF HARYANA AND ANOTHER .... Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present :

Mr. Bipan Ghai, Sr. Advocate with Mr. Narender Pal Bhardwaj, Advocate for the petitioners.

**** MANISHA BATRA, J. (oral) The instant petition has been filed seeking quashing of the FIR bearing No.203 dated 22.09.2021 registered under Sections 323, 354, 376, 377, 379-A, 506 and 511 of IPC at Women Police Station, Yamuna Nagar, District Yamuna Nagar on the basis of a complaint lodged by respondent No.2. Reply by way of affidavit of Additional Superintendent of Police, Yamuna Nagar along with copy of MLR of victim (Annexure R-1), are taken on record.

At this stage, learned counsel for the petitioners do not wish to pursue further with the present petition since 12 witnesses have been examined and 5 witnesses remained to be examined. The only prayer that has been made by learned counsel for the petitioners is that the presence of petitioner No.1 before learned trial Court may be exempted as respondent No.2 has not been Jyoti 2024.02.16 17:52 I attest to the accuracy and integrity of this judgment/order Chandigarh

CRM-M No.11661 of 2023 2appearing as a witness despite the fact that summons and now the bailable warrants are being issued against her.

Keeping in view the submissions made above, the present petition is disposed of with a direction to learned trial Court to exempt the presence of petitioner No.1 on moving of an application by her to this effect till the presence of respondent No.2 as a witness is secured or till the time when her personal appearance is not required in the opinion of learned trial Court. It is also made clear that petitioner No.1 shall not raise any dispute qua her identity, if other witnesses are examined in her absence before learned trial Court. Application, if any, also stands disposed of. A copy of this order be sent to the concerned Court. (MANISHA BATRA) 14.02.2024 JUDGE Jyoti-IV Whether speaking/reasoned:

Yes/No.

Whether reportable :

Yes/No Jyoti 2024.02.16 17:52 I attest to the accuracy and integrity of this judgment/order Chandigarh