SUMER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioners have approached this Court for quashing of FIR No. 95 of 2014 registered at Police Station, Amb, District Una, Himachal Pradesh, on 12.06.2014 under Sections 498 -A, 323, 403, 406, 506, 354 read with Section 34 IPC and all the consequential proceedings.

(2.) IT is averred that the marriage between the petitioner No. 1 and respondent No. 2 was solemnized on 28.06.2009 and a son was born on 28.09.2011, who is presently living with the respondent No. 2. It is further averred that some misunderstanding cropped up between the petitioner No. 1 and respondent No. 2, as a result of which, the respondent No. 2 started living with her father since January, 2014 and on the complaint of respondent No. 2, the aforesaid FIR came to be registered against the petitioners.

(3.) THE moot question is whether the Court in such like cases can quash the proceedings. The law on this subject has been summed up in a recent judgment of the Hon'ble Supreme Court in Narinder Singh & Ors. V. State of Punjab & Anr. : JT 2014 (4) SC 573, wherein it was held as under: