Punjab-Haryana High Court
Mohita And Another vs State Of Haryana And Another on 13 August, 2014
CRM-M No.27448 of 2014 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M No.27448 of 2014(O&M)
Date of Decision :13.08.2014
Mohita and another .....Petitioners
Versus
State of Haryana and another ...... Respondents
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CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
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Present : Mr. Gurinder Pal Singh, Advocate
for the petitioners.
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i. Whether Reporters of local papers may be allowed to see the judgment?
ii. To be referred to the Reporters or not?
iii. Whether the judgment should be reported in the Digest?
AJAY TEWARI, J. (Oral)
This petition has been filed for quashing of FIR No. 365 dated 02.06.2014, under Sections 323, 506, 497 IPC, registered at Police Station Hisar Civil Lines,District Hisar.
The petitioners are mother and daughter. In the FIR they are accused along with one person who is not the petitioner. The allegations are that petitioner No.1 has illicit relations with the non-petitioner-accused and that the complainant confirmed that for this they beat him up and threw him out of his own house after threatening to kill him.
Learned counsel has argued that as regards section 497 IPC, a woman can never be accused thereof. That may be so but the offence under Section 497 IPC is obviously against the non-petitioner-accused. Learned SUNITA NAGPAL 2014.08.14 16:01 I attest to the accuracy and integrity of this document CRM-M No.27448 of 2014 2 counsel has further arguyed that Section 506 IPC is not made out because there is no mens rea. At this stage the Court has to only consider the allegations in the FIR and as per the allegations made therein I regret my inability to concur with the view of the learned counsel that Section 506 IPC is not made out.
In this view of the matter no ground for quashing the aforesaid FIR is made out.
Petition is dismissed.
Nothing stated herein above shall have any bearing on the merits of the trial.
( AJAY TEWARI ) JUDGE August 13, 2014 sunita SUNITA NAGPAL 2014.08.14 16:01 I attest to the accuracy and integrity of this document