Crl. Misc. No.M-13519 of 2008(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Misc. No.M-13519 of 2008(O&M)
Decided on : 16-09-2009
Gurmeet Kaur
....Petitioner
VERSUS
State of Punjab and another
....Respondents
CORAM:- HON’BLE MR. JUSTICE MAHESH GROVER
Present:- Mr.H.S.Dhindsa, Advocate for the petitioner.
Mr. B.B.S.Teji, AAG, Punjab.
MAHESH GROVER, J
This is a petition under Section 482 of the Code of Criminal
Procedure praying for quashing of complaint titled as ‘Surjit Kaur versus
Gurmeet Kaur’ and all consequent proceedings arising therefrom.
Learned counsel for the petitioner states that the complaint is
frivolous as in the body thereof it has been stated that the incident took
place on 18.12.2005 whereas the witnesses who were examined by the
complainant stated that the incident took place on 10.12.2005 and therefore,
the Court ought not have summoned the petitioner because of this material
contradiction. He further states that the complaint is absolutely false.
No one has put in appearance on behalf of respondent no.2,
even though service has been duly effected upon her. Initially Mr.Narender
Dadwal, Advocate appeared on her behalf but thereafter he defaulted.
After hearing learned counsel for the petitioner, I am of the
considered opinion that in the proceedings under Section 482 Cr.P.C, the
Crl. Misc. No.M-13519 of 2008(O&M) 2
Court cannot appreciate the veracity of the statements recorded before the
learned Trial Court.
Hence, dismissed.
The petitioner, if so advised, may take up all the pleas available
to him at an appropriate stage before the learned Trial Court.
September 16 , 2009 (Mahesh Grover) rekha Judge