RAJBALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. for quashing the FIR No. 464 dated 5.10.2000 in case under Sections 302/323/148/149/212/216 IPC, Police Station Sadar, Karnal, qua the petitioner.

(2.) I have heard learned Counsel for the parties and perused the record. The petitioner has sought the quashing of the FIR, on the following grounds :-

(3.) MR . R.S. Mamli, learned Counsel for the petitioner submitted that the proceedings against the petitioner have been initiated under Sections 212 and 216 IPC with the mala fide intention of the Investigating Officer. He further submitted that husband of the petitioner made various applications to the Director General of Police, Haryana and Home Minister, Haryana and Human Rights Commission that the entire family of the petitioner has been illegally detained. He further submitted that when the husband of the petitioner filed a habeas corpus petition in the High Court, on coming to know this fact, the Investigating Officer immediately arrested the petitioner under Sections 212 and 216 IPC to show that she has been legally detained. He also submitted that there is no evidence on the record that the petitioner was aware that her son has committed an offence. There is no evidence collected by the prosecution that the petitioner has harboured and concealed her son. He submitted that from the statements of Gurcharan Singh and Gurbax Singh, the offence of harbouring under Sections 212 and 216 IPC is not made out.