Crl.M.No. M-20170/2010(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No. M-20170/2010(O&M) Date of decision: 27.7.2010. Sh.Ombir @ Ajay ....................Petitioner v. State of Haryana and others .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Kunal Dawar,Advocate for the petitioner. Mr.Mahabir Singh Sindhu,Addl.AG Haryana for respondent no.1. Mr.PS Paul,Advocate for respondent no.2. Jaswant Singh.J.(Oral) Prayer under Section 482 Cr.PC is for quashing FIR NO.207 dated 15.6.2009 under Sections 363,366,120-B IPC (376 IPC added later on) PS Sohana,Gurgaon alongwith all subsequent proceedings arising therefrom. Learned State counsel on instructions from ASI Satnarain of PS Sohana states that in the present case challan has been filed on 24.7.2010. Learned counsel for the petitioner submits that petitioner and respondent no.2-Smt. Suman are happily residing at their matrimonial home. However, the petitioner husband has been arrested and is in judicial custody since 7.6.2010. It is further submitted Crl.M.No. M-20170/2010(O&M) 2 that in view of the fact that Smt. Suman, has entered into matrimonial alliance with the petitioner of her own sweet will, continuation of criminal proceedings in the aforesaid FIR would jeopardise their married life. Reliance has been placed on judgments of this Court reported as 2007(3) RCR (Criminal) 402 Palwinder Kaur and another v. State of Punjab; 2010(1) RCR (Criminal) 322, Kiranjit Kaur and others v. State of Punjab and another; 2010(1) RCR (Criminal) 371, Goldi @ Kulvinder vs. State of Haryana and others. Counsel for the parties heard. Without going into the merits of the case, keeping in view the peculiar facts and circumstances of this case, it is deemed appropriate to relegate the petitioner to the jurisdiction of the learned trial Court. The learned trial Court at the time of consideration of framing of charge/application for discharge, shall take into consideration the facts of this case and pass appropriate order in accordance with law. It is clarified that the learned trial Court shall also be free to record the statements of the parties concerned at the time of passing of the order. Disposed of. 27.7.2010 (Jaswant Singh) joshi Judge