IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.19179-M of 2008 DATE OF DECISION : NOVEMBER 25, 2008 BHATERI ....... PETITIONER(S) VERSUS STATE OF HARYANA .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Gobind Dhanda, Advocate, for the petitioner(s). Mr. Narender Sura, AAG, Haryana. AJAI LAMBA, J. (Oral) This petition under Section 482, Code of Criminal Procedure, seeks quashing of FIR No.66 dated 9.5.2008 under Sections 323, 452, 506, 34, Indian Penal Code, Police Station, City Dadri, District Bhiwani (Annexure P-1). The contention of the learned counsel for petitioner-Bhateri wife of Balbir Singh is that the petitioner is a person with 75% handicap. The petitioner cannot even walk without the aid of a stick. In view of the physical condition of the petitioner, it was impossible for the petitioner to Criminal Misc.19179-M of 2008 2 have committed the offence under Section 452, Indian Penal Code, as per the allegations made by the prosecution. Learned counsel for the respondent-State, on the basis of affidavit of Shri Subhash Chander, Sub Inspector/Station House Officer, Police Station, City Dadri, admits that, indeed, the petitioner is a handicapped lady and cannot walk without the help of a lathi. It is further not in dispute that the only allegation against the petitioner is that she committed the offence under Section 452, Indian Penal Code, along with her two sons; namely, Vinod and Sonu. I have considered the issue. It transpires that the petitioner is Polio affected and both her lower limbs have suffered deformity amounting to permanent disability to the extent of 75%. In view of the admitted position that the petitioner is handicapped to the extent as given out in the certificate mentioned in para-3 of the petition, I find that it would be an abuse of the process of court to allow the proceedings to continue as against the petitioner. Clearly, the petitioner was not physically capable of committing the offence of house tresspass after preparation for hurt, assault or wrongful restraint. Since the petitioner can only walk with the aid of a stick, it cannot be termed that the petitioner was armed with a lathi to commit the offence, as alleged. It would not indicate that the petitioner had made preparation for causing hurt to any person or assaulting any person or putting any person in fear of hurt, as provided under Section 452, Indian Penal Code. The petition is, accordingly, allowed. FIR No.66 dated Criminal Misc.19179-M of 2008 3 9.5.2008 under Sections 323, 452, 506, 34, Indian Penal Code, Police Station, City Dadri, District Bhiwani (Annexure P-1) qua the petitioner, is quashed. November 25, 2008 ( AJAI LAMBA ) Kang JUDGE