Crl. Misc. No. M-10633 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-10633 of 2009 DATE OF DECISION: January 08, 2010 Tajinder Singh Chohan .........PETITIONER(S) VERSUS State of Punjab and another ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. R.K. Trikha, Advocate, for the petitioner. AJAI LAMBA, J. (ORAL) This petition has been filed under Section 482 Cr.P.C. for quashing FIR No. 132 dated 17.06.2006 under Sections 498-A/406 IPC, P.S. Tanda, District Hoshiarpur. Short contention raised on behalf of the petitioner is that petitioner got married to Iqbal Kaur on 30.04.2005 whereafter he has stayed abroad i.e. in Italy. There were tempramental differences between the husband and the wife. The wife stayed back in India whereas the petitioner left for Italy on 21.09.2005. The co-accused of the petitioner have already been acquitted by a Court of law. In such circumstances, the FIR and proceedings be quashed. If the facts are considered in a nutshell, it is the admitted positiion that the petitioner got married to Iqbal Kaur on 03.04.2005. Petitioner went Crl. Misc. No. M-10633 of 2009 2 to Italy on 21.09.2005. After concluding investigation, final report under Section 173 Cr.P.C. was filed, wherein the petitioner and other persons were shown as accused. Since the petitioner did not return to India, the others who were tried by Court of law were acquitted vide judgment Annexure P-6 as the prosecution was not able to prove its case against the said accused. It remains the admitted case that the petitioner was declared proclaimed offender on 15.06.2007. The order declaring the petitioner to be proclaimed offender still holds good. The petitioner has not been tried by a Court of law and, therefore, cannot draw any benefit out of the judgment of acquittal of other family members, the petitioner being the husband of the victim. The petitioner has evaded the process of law and continues to be a proclaimed offender. In such circumstances, I do not find any reason to invoke inherent powers under Section 482 Cr.P.C. to quash the FIR and subsequent proceedings as against the petitioner. Petition dismissed. 08.01.2010 (AJAI LAMBA) shivani JUDGE