PARMOD Vs. STATE OF HARYANA AND ANR

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. for quashing the orders dated 25.04.2013 passed by the Judicial Magistrate Ist Class, Gurgaon vide which the application filed by the prosecution under Section 311 Cr.P.C. was dismissed and the evidence of the prosecution was closed. The petitioner has also challenged the order dated 01.07.2013 passed by the Additional Sessions Judge, Gurgaon whereby the revision filed by the petitioner against the aforesaid orders was dismissed.

(2.) Before entering into the merits of the petition, few facts need to be unfolded. The complainant Parmod had levelled allegations against his wife Sonia relating to the incident which occurred on 01.01.2008. The allegations were that Dayanand the father-in-law forcibly put a tablet in his mouth, Sonia forced him to drink water. The complainant fell unconscious thereafter. The complainant was taken to the hospital by his relatives. Allegations were that his life had been put in danger by his wife and her family. The police registered the FIR under Sections 323 and 506 IPC in 2008. Charge was framed in November 2010. For several months, the proceedings remained stayed as the report of the trial Court was called by the High Court to see whether the matter could be compromised. The report was submitted and stay was vacated and the trial commenced. An application under Section 311 Cr.P.C. was moved by the prosecution which was allowed on 18.8.2012. The case was fixed for prosecution evidence again and the last opportunity had been granted on 04.01.2013 and the matter was adjourned to 28.02.2013, on which date another application under Section 311 Cr.P.C. was filed which was dismissed on 25.04.2013 and the same day, evidence of prosecution was closed.

(3.) The complainant preferred a revision against the orders, which was dismissed.