PAYAL SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted. The captioned appeals are directed against the order dtd. 11/3/2022 in C.R.M.-M. No.42226 of 2021 passed by the High Court of Punjab and Haryana at Chandigarh. The said petition was jointly filed by the appellant in the former appeal and her husband, the second respondent in the latter appeal, under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') as petitioner Nos.2 and 1 respectively, seeking quashment of FIR No.0080/2020 dtd. 3/12/2020 registered for offences punishable under Ss. 406, 498-A of the Indian Penal Code, 1860 (for short, 'IPC') at Police Station, District Police Commissionerate, Women, Jalandhar and all subsequent proceedings arising therefrom. In fact, after the registration of FIR No.0080/2020 at the instance of Subhash Chander Kapila, the second respondent in the former appeal, offences under Ss. 420 and 120-B, IPC were also added. The appellant in the former appeal is accused No.5 and her husband, the second respondent in the latter appeal, was accused No.6 in the said FIR. The appellant in the latter appeal viz., the second respondent in the former appeal is the complainant. For convenient sake, the parties are therefore, referred to hereafter in this judgment in accordance with their status and rank in the subject FIR and subsequently filed final report, unless otherwise specifically mentioned. In other words, the appellant in the former appeal is described as 'accused No.5', her husband who is the second respondent in the latter appeal is referred to as 'accused No.6' and the appellant in the latter appeal, who is respondent No.2 in the former appeal is referred to as 'the complainant', in this judgment.

(2.) As per the impugned judgment dtd. 11/3/2022, the High Court allowed CRM-M No.42226 of 2021 qua accused No.6, the husband of accused No.5 and quashed FIR No.0080 dtd. 3/12/2020 and all proceedings subsequent thereto qua him and at the same time, dismissed the said petition qua accused No.5, the second petitioner therein. The former appeal is filed by accused No.5 against CRM-M No.42226 of 2021 to the extent it rejected her prayer for quashment of subject FIR and all further proceedings and the latter appeal is filed by the complainant against the quashment of the subject FIR and all further proceedings therefrom qua accused No.6.

(3.) Heard learned counsel appearing for accused Nos.5 and 6 and the learned counsel appearing for the respondent State and also for the complainant.