IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No. M-10432 of 2010 (O&M) Date of Decision: 2nd November, 2011 Mahender ……… Petitioner Versus State of Haryana & others ………… Respondents ***** CORAM: HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Rajiv Sharma, Advocate for the petitioner. Mr. Raja Sharma, AAG, Haryana. Mr. B.S. Tewatia, Advocate for respondent No.5. **** AUGUSTINE GEORGE MASIH, J. (Oral) Counsel for the petitioner contends that the petitioner and respondent No.4 namely Smt. Mamta @ Mahram @ Maherbano are married and are residing as husband and wife and have also a child out of the wed lock. He contends that in the light of this fact the prayer in this petition is for quashing of FIR No. 42 dated 29.3.2008 under Sections 363, 366, 376 IPC registered at Police Station Hussanpur, District Faridabad and all consequential proceedings arising therefrom. Counsel for the respondent-State submits that respondent No.4 namely Smt. Mamta @ Mahram @ Maherbano has appeared before the trial Court as PW-3 and has supported the case of the prosecution. He contends that nine prosecution witnesses have already been examined before the trial Court and the trial is likely to conclude very soon. In view of the factual assertion made by the counsel for the State, which has been made on the basis of the reply, quashing of the FIR cannot be entertained, therefore, the present petition stands dismissed. 2nd November, 2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE