High Court of Punjab and HaryanaCRM-M/41606/2016disposed of

Manjit And ORS. v. State Of Haryana

2018-09-20Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-41606-2016 (O&M) Date of decision: 20.09.2018 Manjit and others

...Petitioners

Versus

State of Haryana

...Respondent

***** CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Ms. Sunita Gupta, Advocate, for Mr. A.S. Kalra, Advocate, for the petitioners.

Mr. P. P. Chahar, DAG, Haryana.

**** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed under Section 482 Cr.P.C. for quashing of FIR No. 519 dated 28.08.2016 under Sections 363 & 366 IPC and Section 3 of SC & ST Act, registered at Police Station Samalkha, District Panipat.

Learned counsel for the petitioners herein would contend that this is a case of false implication since the prosecutrix, her father and others have furnished an affidavit stating that they would have no objection in case the said FIR is quashed.

Learned counsel for the petitioners would argue that as per the affidavit that has been filed, the complainant admits to a marriage being SATYAWAN 2018.09.24 13:59 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-41606-2016 -2solemnized between Manjit, petitioner No.1 and his daughter, without any pressure from anybody. It is also argued that the deponent would have no objection with the marriage and had got the FIR registered due to misunderstanding.

Learned counsel for the respondent-State submits that the matter has been investigated, challan has been presented and charges have already been framed.

In view of the aforesaid submissions and keeping in mind that author of the affidavit, namely the complainant is not a party to these proceedings, thus, genuineness of the affidavit cannot be affirmed. In view of the above, the instant petition is being disposed of by giving liberty to the parties concerned to make any statements in evidence as and when required.

20.09.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

SATYAWAN 2018.09.24 13:59 I attest to the accuracy and authenticity of this document High Court Chandigarh