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High Court of Punjab and HaryanaCRM-M/6942/2015allowed

Mamta Rani v. State Of Punjab & ANR

2018-09-27Mrs Justice Daya Chaudhary2 pages

-1CRM-M-6942 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-6942 of 2015 Date of Decision: 27.09.2018 Mamta Rani ....Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Amit Dhawan, Advocate, for the petitioner. Mr. Harpreet Multani, AAG, Punjab.

Ms. Riya Sharma, Advocate, for Mr. Vikas Bali, Advocate, for respondent No.2. RAMENDRA JAIN, J. (ORAL) Through this petition under Section 482 Cr.P.C. prayer has been made for quashing FIR No.75 dated 29.05.2014 registered under Sections 406, 417 and 120-B IPC at Police Station Division No.5, Jalandhar. In nutshell, respondent No.2, who is mother-in-law of the petitioner lodged aforesaid FIR against him on the allegations that her son Avtar Singh is not coming home to live with his second wife Kamaljit Kaur and is living with the petitioner, his first wife. Learned State counsel has also fairly conceded that no offence is made out against the petitioner.

Considering the submissions made by learned counsel for the petitioner, this Court finds that instant petition merits acceptance for the simple reason that grouse of respondent No.2-complainant is against her son Avtar Singh and not against the petitioner or any one else inasmuch as, in case, son of respondent No.2-complainant is not returning home to live with RAVINDER SINGH 2018.10.04 11:49 I attest to the accuracy and authenticity of this document

-2CRM-M-6942 of 2015 said Kamaljit Kaur, in that eventuality, petitioner cannot be blamed as she is legally wedded wife of son of respondent No.2-complainant. In view of above, FIR No.75 dated 29.05.2014 is quashed. Disposed of.

(Ramendra Jain) September 27, 2018 Judge R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.10.04 11:49 I attest to the accuracy and authenticity of this document