MANGAL PASS GAUTAM Vs. STATE OF HARVANA

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') has been filed for quashing of FIR No.238 dtd. 19/10/2012, registered under Ss. 323, 406, 498-A and 506 of the Indian Penal Code, at Police Station Ambala Sadar, District Ambala and all other consequential proceedings arising therefrom, by Mangal Dass Gautam and his wife Neelam Gautam (father-in-law and mother-in-law of respondent No.2-complainant Neha) through Charanjit Singh, their Special Power of Attorney.

(2.) On preliminary objection raised by respondent No.2 complainant that the petition is not maintainable through a Power of Attorney as the same has not been filed by the petitioners themselves, therefore, deserves dismissal, was considered by the learned Single Judge where two conflicting judgments were cited before the Court, one being Amit Ahuja Vs. Gian Parkash Bhambri, 2010 (3) R.C.R. (Criminal) 586, where it was held that a petition under Sec. 482 of Cr.P.C. is not maintainable through Attorney resulting in its dismissal, another being of a Coordinate Single Bench Kuldeep Singh Jaswal and others vs. Jaspal Singh and another, 2016 (2) AICLR 703 with a contrary view, where a petition filed under Sec. 482 of Cr.P.C. for quashing of FIR and all consequential proceedings arising therefrom through Attorney, observed that this Court would insist upon filing of the petition by the accused person himself/herself yet there cannot be or should not be laid down a straight jacket formula in this regard, leaving it open at the discretion of the concerned Court dependent upon the facts and circumstances of the said case. This led to a Reference to a Larger Bench, which reads as under:-

(3.) Learned Senior Counsel for the petitioners has referred to the Powers of Attorney Act, 1882 (hereinafter referred to as '1882 Act') to emphasize upon the nature and purpose for which, such provisions have been provided for under the statute. Emphasis has been placed on Ss. 1-A and 2 of 1882 Act.