Crl. Misc. No. M-20759 of 2008 (O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-20759 of 2008 (O&M) Date of Decision: January 14,2011 Tejinder Kaur ................................................................ Petitioner Versus State of Punjab and another ....................................... Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. P.S.Rana, Advocate for the petitioner. Mr. Raghubir Chaudhary, Sr. DAG, Punjab, for respondent No.1. Mr. K.S.Dadwal, Advocate for respondent No.2. ... RITU BAHRI, J. This petition under Section 482 of the Code of Criminal Procedure is for quashing FIR No. 26 dated 13.4.2007 under Sections 406, 498-A IPC, Police Station Sudhar Tehsil and Distt. Jagraon (Annexure P-6). Brief facts of the case are that Jagdeep Singh, brother of the petitioner, was engaged with Balbir Kaur, respondent No.2, in May 2005 but soon after engagement, Jagdeep Singh suffered multiple injuries by falling in a deep bore. Many operations were performed to save his life. The Crl. Misc. No. M-20759 of 2008 (O&M) [ 2 ] marriage ceremony was performed on 23.10.2005. The brother of the petitioner-Jagdeep Singh was still undergoing treatment and father of respondent No.2 was very much aware of his injuries and ill health. After the marriage on 13.3.2006 respondent No.2 could not adjust in her married life and her father took her away from the matrimonial house. A complaint dated 3.8.2006 was filed before the SSP, Jagraon. Another complaint was filed on 2.3.2007 against Balbir Kaur regarding illegal and unlawful harassment. Then FIR No. 26 dated 13.4.2007 under Sections 406 and 498A IPC was registered at Police Station Sudhar Tehsil and Distt. Jagraon against the petitioner. On notice, a reply has been filed by the respondents. In the preliminary objection, it has been stated that the petitioner had filed a Criminal Miscellaneous No. 25757-M of 2007 for quashing of the same FIR i.e. FIR No. 26 dated 13.4.2007. This Criminal Miscellaneous was withdrawn on 26.4.2007 from the Court of Hon'ble Mr. Justice Ranjit Singh. A second Criminal Miscellaneous challenging the same FIR is not maintainable. In the reply filed by the DSP, Raikot, District Ludhiana, it has been mentioned that the challan has been presented before the trial Court on 30.5.2008. Charges have been framed against the petitioner and her co- accused and the matter is pending in the Court of Shri Ranjeev Kumar, JMIC, Jagraon, for recording prosecution evidence. This affidavit was filed on 29.4.2009. Today, when the matter was taken up for hearing, learned counsel for the petitioner was not able to dispute that the matter had reached the stage of evidence before the trial Court in 2009. In view of the fact that the prosecution evidence is being Crl. Misc. No. M-20759 of 2008 (O&M) [ 3 ] recorded, no interference at the stage of FIR by the Court is called for. The Criminal Miscellaneous is dismissed. The petitioner is, however, at liberty to raise all the pleas on merit before the trial Court. 14.1.2011 ( RITU BAHRI ) Rupi JUDGE