Mubarik v. State Of Haryana And ANR

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-25609-2020 (O&M) Date of order: 03.10.2023 Mubarik .....Petitioner(s) Vs.

State of Haryana & Another .....Respondent(s)

CORAM:

HON'BLE MS. JUSTICE NIDHI GUPTA Present:- None for the petitioner.

Ms. Deep Shikha Chauhan, AAG Haryana.

None for respondent No.2.

***** Nidhi Gupta, J.

The prayer in this petition is for quashing of FIR No.72 dated 09.03.2020 (Annexure P-1) under Sections 365, 376, 379-B, 452, 354A, 506 IPC and Sections 25/54/59 of Arms Act, 1959 registered at Police Station Nagina, District Nuh as well as all the subsequent proceedings arising therefrom.

Learned State Counsel on instructions from ASI Abdul Gaffer submits that cancellation report in the present FIR has been filed before the learned trial Court on 29.07.2023 and the same is pending for 11.12.2023. It is further submitted that in any event, the petitioner and respondent No.2 have solemnized marriage on 10.04.2020. Relevant part of reply dated 26.09.2020 filed by respondent No.1-State is reproduced hereinbelow:-

"3. That it is also worthwhile to mention here that the prosecutrix again fled away from her house and solemnized marriage with Mubarik on 10.04.2020 and they have also moved an application for providing protection before the Ld. Session Judge, Nuh, who allowed the application vide her order dated 15.04.2020 and in compliance of the aforesaid order police protection was given to them by the Superintendent of Police, Nuh vide order no. 4210-15 dated 24.04.2020. A copy of the said order is annexed as Annexure R1. After that the petitioner and respondent no 2 moved an application before the Ld. ASJ, Nuhfor releasing them from protection house, Nuh and order to release them was issued by the court of Ld.

ASJ, Nuhand directed the Superintendent of Police to release them from the protection house there for they were released vide order dated 24.04.2020. A copy of the order dated 20.04.2020 is annexed as Annexure R-2. It is further submitted that astatement of the prosecutrixwas recorded u/s 161Cr.P.C. on 15.04.2020, which is annexed as annexure R-3. And her date of birth certificate is also annexed as annexure R4." Perusal of order sheets shows that there is no representation on behalf of the petitioner and respondent No.2 on the last three days of hearing i.e. 14.12.2020, 13.01.2021 and 08.03.2021. In view of above submissions made by learned State Counsel, present petition is allowed and FIR No.72 dated 09.03.

(Annexure P-1) under Sections 365, 376, 379-B, 452, 354-A, 506 IPC and Sections 25/54/59 of Arms Act, 1959 registered at Police Station Nagina, District Nuh as well as all the subsequent proceedings arising therefrom, is ordered to be quashed qua the petitioner.

Petition stands disposed of.

Pending application(s) if any also stand(s) disposed of. 03.10.2023 (Nidhi Gupta) Sunena Judge Whether speaking/reasoned Yes/No Whether reportable Yes/No