Punjab-Haryana High Court
Maragendra Singh And Ors vs State Of Haryana And Anr on 1 October, 2015
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
CRM-M-41690-2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-41690-2013 (O&M)
Date of decision : 01.10.2015
Maragendra Singh and others
...Petitioners
Versus
State of Haryana and another
...Respondents
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Ms. Kiran Bala Jain, Advocate for the petitioners.
Mr. Arun Luthra, AAG, Haryana.
Mr. Rahul Vats, Advocate for respondent No.2.
JITENDRA CHAUHAN, J. (Oral)
The present petition under Section 482 of the Code of Criminal Procedure, (for short, 'the Cr.P.C.') is for quashing FIR No.457 dated 17.09.2013, registered under Sections 406, 498A, 323, 506 of the Indian Penal Code (for short, 'the IPC'), at Police Station Baldev Nagar, Ambala City.
The learned counsel for the petitioner states that despite issuance of bailable and non-bailable warrants, the private respondent is not causing representation before the trial Court. The case is being repeatedly adjourned and subsequently, her application for exemption ATUL SETHI 2015.10.01 17:50 I attest to the accuracy and authenticity of this document Chandigarh CRM-M-41690-2013 -2- from personal appearance has been allowed. Despite the fact that the FIR was registered on 17.09.2013, the case is not progressing.
After hearing learned counsel for the parties, this Court feels that no case for quashing the FIR is made out at this stage. However, considering the facts that the case is not progressing on account of non-appearance of the private respondent on one pretext or the other, the petitioners being residents of Agra (Uttar Pradesh), the absence of the private respondent for an indefinite period cannot be allowed.
In the circumstances, without adverting to the merits of the petition, it will be in the interest of the parties, in case, a direction is issued to the learned trial Court to conclude the trial expeditiously.
Accordingly, the trial Court is directed to conclude the trial expeditiously, preferably, within a period of six months from the date of receipt of a certified copy of this order.
Disposed of.
01.10.2015 (JITENDRA CHAUHAN) atulsethi JUDGE ATUL SETHI 2015.10.01 17:50 I attest to the accuracy and authenticity of this document Chandigarh