SANJAY GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) for quashing of the FIR No. 294 dated 29.8.1998, under Section 498 -A, 406 of the Indian Penal Code ('IPC' for short) and Section 4 of Dowry Prohibition Act, 1961 ('Act' for short), registered at Police Station City Rewari, Haryana (Annexure P -1) and all the subsequent proceedings arising therefrom.

(2.) LEARNED senior counsel for the petitioners has submitted that petitioners No. 1 to 5 had faced the trial in FIR No. 730 dated 2.11.1997 under Section 498 -A, 406, 323, 34 IPC, registered at Police Station Civil Lines Rohtak at the instance of respondent No. 2. Thereafter, a complaint was moved under the Act on 28.3.1998. However, the said complaint was got dismissed as withdrawn on 20.7.1998. Thereafter, the FIR in question was registered against the petitioners on 29.8.1998 at Police Station City Rewari under Section 498 -A, 406 IPC and Section 4 of the Act. The FIR in question was liable to be quashed as the petitioners could not be made to face the trial again qua same cause of action.

(3.) IT has been held in Kuljit Singh vs. Jasbir Singh 2002(4) RCR(Criminal) 707 as under: -