Criminal Misc. No. M-14559 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-14559 of 2011 Date of Decision: 17.5.2011 Suman Sharma …Petitioner Versus State of Haryana and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Rajbir Sehrawat, Advocate for the petitioner. Mr. Sandeep S. Mann, Senior Deputy Advocate General, Haryana, for respondents No.1 to 3. Mr.M.S. Randhawa, Advocate for respondents No.4 and 5. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. praying that direction be issued to respondent No.3-Station House Officer, Police Station Nangal Chaudhary, District Mahendergarh, to protect life of the petitioner and further prayer has been made that respondents No.4 and 5 be also directed not to harass her. Another prayer made in the present petition is that her statement under Section 164 Cr.P.C. be recorded in case FIR No.77 dated 25.4.2011, registered at Police Station Nangal Chaudhary under Sections 363, 366 and 506 IPC. Criminal Misc. No. M-14559 of 2011 2 This Court, on 12.5.2011, has passed the following order:- “Petitioner-Suman Sharma is present in the Court. Her counsel has submitted that being fed up with her matrimonial life, the petitioner, at her own volition, had left her matrimonial home due to the cruelty inflicted by the family of her in-laws. It is stated that at the instance of her father-in-law, case FIR No.77 dated 25.4.2011, has been registered at Police Station Nangal Chaudhary under Sections 363, 366 and 506 IPC. Learned counsel, on instructions from petitioner-Suman Sharma, has submitted that she has not been enticed away by anybody. A two fold prayer has been made that respondents No.4 and 5 be directed not to harass and interfere in the life of petitioner and the Chief Judicial Magistrate, Mahendergarh, should record the statement of petitioner under Section 164 Cr.P.C. so that it is evident that no offence under Sections 363 and 366 IPC is made out. Issue notice of respondents No.1 to 3 only. On asking of the Court, Mr. Sandeep S. Mann, Senior Deputy Advocate General, Haryana, accepts notice on behalf of respondents No.1 to 3. He has submitted that he will seek necessary instructions from respondent No.3-Station House Criminal Misc. No. M-14559 of 2011 3 Officer, Police Station Nangal Chaudhary, District Mahendergarh and then revert back to this Court. List on 17.5.2011. A copy of this order, duly attested by the Court Secretary of this Court, be provided to Mr. Sandeep S. Mann, Senior Deputy Advocate General, Haryana, for onward transmission and compliance”. Today also, petitioner Suman Sharma is present in Court. Om Parkash, Assistant Sub Inspector, Police Station Nangal Chaudhary, Investigating Officer, who is present in the Court to assist Mr. Sandeep S. Mann, Senior Deputy Advocate General, Haryana, as stated, has recorded statement of the petitioner under Section 161 Cr.P.C. It is submitted by learned counsel for respondents No.1 to 3 that taking into consideration the statement made by Suman Sharma, cancellation report in the impugned FIR shall be submitted within a period of one month from today. Mr. M.S. Randhawa, Advocate, appearing for respondents No.4 and 5, has submitted that the petitioner is a legally wedded wife of respondent No.5-Deep Chand and she, after deserting him, has started living with one Arvind Kumar. Therefore, Mr. Randhawa has submitted that a liberty be granted to him to prosecute the above said Arvind Kumar for the offence of adultery. It is further prayed that respondent No.5-Deep Chand is also entitled to divorce due to various acts of omission and commission on the part of petitioner. This Court, at this stage, shall refrain to comment upon the Criminal Misc. No. M-14559 of 2011 4 contentions advanced by learned counsel for respondents No.4 and 5 as respondent No.5 is well within his rights to pursue his legal remedy in accordance with the provisions of law. Since learned counsel for respondents No.1 to 3 has submitted that cancellation report shall be filed within a period of one month from today, learned counsel for the petitioner has submitted that he will not pursue the present petition and the same be disposed of in terms of the statement made by learned counsel for the State. Ordered accordingly. (Kanwaljit Singh Ahluwalia) Judge May 17, 2011 “DK”