Kavita And Another v. State Of Punjab And Another

2024:PHHC:022064 Page 1 of 2

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-54073-2023 (O&M) Date of order: 15.02.2024 Kavita & Another .....Petitioner(s) Vs.

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

CORAM:

HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Pushp Jain, Advocate for the petitioners.

Mr. Kunwarbir Singh, AAG Punjab.

***** Nidhi Gupta, J.

Present petition under Section 482 Cr.P.C. is filed seeking quashing on merits of FIR No.95 dated 27.10.2022 (Annexure P1) under Section 498-A IPC registered at Police Station Behram, District Shaheed Bhagat Singh Nagar; and all subsequent proceedings arising therefrom.

2.

Learned counsel for the petitioners inter alia submits that in the present FIR, utterly false and fabricated allegations have been made against the petitioners. Petitioner No.1 is the widowed mother-in-law of the complainant/respondent No.2 and petitioner No.2 is the husband of the complainant/respondent No.2. It is submitted that in fact, it was the complainant who used to harass and quarrel with the petitioners on minor issues. It is submitted that accordingly, the present FIR be quashed. 3.

Learned State Counsel informs that charges have been framed in the matter against the present petitioners, and now the matter is SUNENA 2024.02.20 11:11 I attest to the accuracy and authenticity of this document

2024:PHHC:022064 Page 2 of 2 fixed for prosecution evidence on 17.02.2024. The petitioners had joined investigation and have been granted anticipatory bail by the Courts below. 4.

No other argument is made on behalf of the parties. 5.

I have heard learned counsel.

6.

Perusal of the record of the case shows that petitioner No.2 was married to respondent No.2 on 17.06.2019. One daughter was born out of their wedlock on 09.10.2021, who is currently in the care and custody of respondent No.2. In the complaint submitted by the respondent No.2, she had named 4 persons the same being the present petitioners as also her sister-in-law and brother-in-law. However, upon investigation, challan has been filed only against the present petitioners. 7.

I find that no cogent grounds or reasons have been submitted before this Court that merit the quashing of the present FIR. 8.

Moreover, perusal of the FIR shows that serious allegations have been made against the petitioners inasmuch as it has been alleged that the petitioners used to beat the complainant/respondent No.2, due to which she received injuries on her body and had to undergo treatment and even MLR bearing No.MLR/GKS/B/65/2019, was prepared against them.

9.

In view of the above, I find no merit in the present petition, and the same is accordingly dismissed. 10.

Pending application(s) if any also stand(s) disposed of. 15.02.2024 (Nidhi Gupta) Sunena Judge Whether speaking/reasoned Yes/No Whether reportable Yes/No SUNENA 2024.02.20 11:11 I attest to the accuracy and authenticity of this document