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High Court of Punjab and HaryanaCRM-M/20882/2018allowed

Rajni Sabharwal v. State Of Punjab And ORS

2022-12-23Mr. Justice Anoop Chitkara2 pages

CRM-M No. 20882 of 2018 --1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No. 20882 of 2018

Reserved on: 20.12.2022

Pronounced on : 23.12.2022 Rajni Sabharwal ......Petitioner Vs.

State of Punjab and others ......Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Fateh Saini, Advocate for the petitioner. Mr. Harsimar Singh Sitta, DAG, Punjab.

Mr. Piyush Khanna, Advocate for respondent No. 5.

*** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 23.06.2017 City Hoshiarpur, Punjab 406 IPC 1.

The wife of complainant aggrieved by registration of FIR by her husband in the above captioned FIR, came up before this Court under Section 482 CrPC for its quashing. 2.

A perusal of the FIR reveals that the FIR was registered for mis-appropriation of articles i.e. 406 IPC. The documents further reveal that the parties were on discord and the proceedings under Section 125 Cr.P.C., which was filed by the petitioner against the respondent is also pending.

3.

The petitioner as well as aggrieved person i.e. respondent No.5 have conveyed to this Court through their respective counsel that now the husband and wife are residing together and they have resolved their disputes. 4.

Since, the complainant and accused are husband and wife and are residing under one roof, therefore, continuation of these proceedings will certainly affect their matrimonial life and the environment is at home. 5.

Given above, in the entirety of facts and circumstances, since respondent No.5 has no objection for quashing of the FIR, therefore, there is no reason for the Court to JYOTI 2022.12.23 15:12 I attest to the accuracy and integrity of this order/judgment.

CRM-M No. 20882 of 2018 --2continue the same. The Court invokes the inherent jurisdiction under section 482 CrPC and quashes the FIR and all subsequent proceedings. The bail bonds of the petitioner are accordingly discharged. All pending application(s), if any, stand closed. Petition allowed in the terms mentioned above. (ANOOP CHITKARA) JUDGE 23.12.2022 Jyoti-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2022.12.23 15:12 I attest to the accuracy and integrity of this order/judgment.