DEVINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing of FIR No.494 dated 19.9.1998, under Sections 406 and 498-A IPC, Police Station, Sector- 5, Panchkula (Annexure P1), lodged against them, and all subsequent proceedings taken in respect thereof.

(2.) When the petition came up for hearing, learned Senior Deputy Advocate General pointed out that charge was framed against the petitioners, by the trial court, as early as on 27.4.2000, and the case is at the stage of prosecution evidence. Therefore, he contended, it would not be proper for this court to quash the FIR and the other proceedings taken during the trial, at this stage.

(3.) Since charge was framed long back and the case is at the stage of prosecution evidence, this fact, by itself, is sufficient to dissuade this court from quashing the FIR and all subsequent proceedings taken in respect thereof. The Apex Court, in State of Bihar and another vs. P.P.Sharma and another AIR 1991 S.C. 1260, has gone to the extent of Criminal Misc. No. 13252/M of 2005. -2- holding that even "at a stage when the police report under S.173 Cr.P.C. has been forwarded to the Magistrate after completion of the investigation and the material collected by the investigating officer is under the gaze of judicial scrutiny, the High Court would do well to discipline itself not to undertake quashing proceedings at that stage in exercise of its inherent jurisdiction".