Criminal Misc. No. M- 8374 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 8374 of 2011 Date of decision:- 06.4.2011 Asha Rani and another ...Petitioners Versus Nirmala Devi ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Ritesh Pandey, Advocate for the petitioners. RITU BAHRI J. This petition under Section 482 Cr.P.C. is for quashing of criminal complaint No.9 dated 10.3.1989 under Sections 406,498-A IPC, pending in the Court of Shri A.K. Aggarwal, Sub Divisional Judicial Magistrate, Phagwara, District Kapurthala and summoning order dated 22.2.2011 framing of charge and charge-sheet (Annexures P-5 and P-6). Vide order dated 12.2.2008, this Court had set aside the order of discharge dated 04.5.1992 in criminal Revision No. 731 of 1992 by which the accused had been discharged in a complaint preferred by wife under Sections 406,498-A IPC. On the application made by the complainant, thereafter, the complaint was restored and charges were framed against the accused Satpal and Asha Rani. Mr. Ritesh Pandey, Advocate for the petitioner has argued that from the contents of the complaint, no offence against the petitioners has been made out. The allegations that the articles of Istridhan were never been given back to the complainant are baseless as it has been mentioned in the complaint that all Criminal Misc. No. M- 8374 of 2011 -2- the articles had been entrusted to accused No.1-Asha Rani, hence, there can be no misappropriation of these articles by the petitioners. The order dated 22.2.2011 is liable to be set aside on the above backgrounds. The order dated 12.2.2008 has not been challenged by the respondents, they have ample opportunity to lead their evidence during the period of trial, the criminal miscellaneous petition is dismissed. 06.4.2011 ( RITU BAHRI ) Vijay Asija JUDGE