Crl. Misc No. M-10193 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-10193 of 2008 Date of decision : 11.09.2009 Sukhwinder Singh and others ....Petitioners V/s State of Punjab and another ....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. G.K. Hundal, Advocate for the petitioners. Mr. Shailesh Gupta, DAG Punjab. RAJAN GUPTA J. (ORAL) This is a petition for quashing of the FIR No. 535 dated 23.11.2007 (Annexure P-3) registered under Sections 406/498-A IPC at Police Station Kotwali, Patiala. Learned counsel for the petitioners submits that the entire FIR contains general and vague allegations and from reading of the FIR no offence under Sections 406/498-A IPC is made out. According to the counsel, in the year 2005, an enquiry was held by Deputy Superintendent of Police City – I, Patiala in which it was observed that no evidence regarding the demand of dowry has come on record during the enquiry. Learned counsel submits that the present FIR has been lodged two years, thereafter, and the allegations are without any substance. Learned counsel for the State has, however, submitted that pursuant to the registration of the FIR, challan was presented before the Crl. Misc No. M-10193 of 2008 2 competent court of jurisdiction and charges have been framed against the accused. According to the counsel, investigation has revealed that petitioners are guilty of the offences alleged. I have heard counsel for the parties. The arguments that no offence is made out is untenable. In view of the allegations the same cannot be decided by this court in its inherent jurisdiction as it would essentially require some evidence to be lead before the trial court. Charges have already been framed and the trial of the case has commenced. It would be wholly inappropriate in the facts and circumstances of the present case to invoke the provisions of Section 482 Cr.P.C. to quash the proceedings. I, therefore, find no ground to interfere in the inherit jurisdiction under Section 482 Cr.P.C. The petition is dismissed. 11.09.2009 (RAJAN GUPTA) Ajay JUDGE