ATUL JAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) ATUL Jain and Monika Sehgal, both Graduates, residents of Yamuna Nagar, District Ambala, have filed this petition under Section 482 of the Criminal Procedure Code for quashing F.I.R. No. 108, Police Station Naraingarh, dated 19.6.1988, under Section 294, Indian Penal Code.

(2.) THE facts which led to the registration of the case, according to prosecution, are that ASI Sumer Chand along with two constables was present at T-Point Kala Amb on 19.6.1988. One Maruti Van No. DID-5665 came there from Sadaura side and stopped at a distance of 20 paces from T-point. Two young boys and one young girl came out of the Maruti Van and stood near the Maruti Van on the road. The boys started kissing the girl and embracing each other. SI Sumer Chand with the help of the constables apprehended the two boys and the girl along with Maruti Van. On enquiry, the boys gave their names and addresses as Atul son of D.K. Jain, 76, Adarsh Nagar, Yamuna Nagar, and Sanjay son of Raghunadan Arya, House No. 924, Yamuna Nagar. The girl gave her name as Monika daughter of Buta Ram Sehgal, Sehgal Tent House, Yamuna Nagar. As, according to ASI Sumer Chand, Atul, Sanjay and Monika had committed an absenced act, so they were arrested and a case under Section 294, Indian Penal Code was registered.

(3.) THE petitioner have prayed for quashing of the F.I.R. on the ground that the allegations therein are patently absurd and inherently improbable and even if they are taken on their face value, they do not attract the mischief of Section 294, Indian Penal Code.