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High Court of Punjab and HaryanaCRM-M/36514/2019disposed of

Jai Mala Sharma v. State Of Punjab

2024-11-25Ms. Justice Nidhi Gupta3 pages

-1HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 25.11.2024 Jai Mala Sharma

...Petitioner(s)

Versus

State of Punjab

...Respondent(s)

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present:

Mr. P.S.Ahluwalia, Advocate for the petitioner. Ms. Rishu Madan, A.A.G., Punjab.

**** NIDHI GUPTA, J. (Oral) Prayer in the present 2nd petition filed under Section 482 Cr.P.C. is for quashing of FIR No. 116 dated 04.11.2016 (Annexure P-1) registered at Police Station Urban estate, Patiala for offence punishable under Section 304-B, 406, 498-A, 34 IPC alongwith all consequential proceedings emanating therefrom.

On the last date of hearing i.e. 19.09.2024, following order was passed by this Court:- "Learned counsel for the State submits that the petitioner is the mother-in-law of the deceased and admits that upon investigation the petitioner was found to be innocent and as such she was never challaned. It is further submitted that the complainant has turned hostile in the present case as has been stated in para No. 10 of the reply dated 29.11.2023 filed by way of an affidavit of the Deputy Superintendent of Police City-II, Patiala on behalf of the

-2respondent/State of Punjab. It is further admitted by learned counsel for the State that the main accused/husband of the deceased daughter of the complainant, has been acquitted by the learned Additional Sessions Judge, Patiala vide judgment dated 18.01.2018 (Annexure P-6). In view of the above fact, learned counsel for the State submits that she may be permitted to file better status report to ascertain as to whether the prosecuting agency has any intention to challan the petitioner or to declare the petitioner as innocent.

Permitted to do so.

Adjourned to 24.10.2024."

Learned counsel for the State files status report dated 24.11.2024 by way of an affidavit of the Deputy Superintendent of Police, City-II, District Patiala on behalf of the respondent-State. A copy thereof has been supplied to learned counsel for the petitioner. Learned counsel for the parties are ad idem that upon investigation, the petitioner has been declared innocent in the said FIR. Para 8 of the said status report reads as under:- "That it is respectfully submitted that during the course of enquiry, it was found that the petitioner had no involvement in suicide of daughter of complainant. Moreover, the main accused Dharminder Kumar was acquitted by the Ld. Trial Court. Therefore, the petitioner has been declared innocent in the present case/FIR vide DDR No. 28 dated 11.11.2024. The true translated copy of the DDR No. 28 is annexed herewith as Annexure R-1/T."

Learned counsel for the petitioner submits that in view of the above, present petition has been rendered infructuous and may be

-3disposed of as such.

Ordered accordingly.

Pending application, if any, stands disposed of. 25.11.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No