MADAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioners have approached this Court for quashing of FIR No. 111/2002 registered at Police Station, Chowari, District Chamba, Himachal Pradesh, on 15.11.2002 under Sections 363 and 366 -A IPC.

(2.) THE petitioner No. 1 is stated to be a proclaimed offender, however, he has surrendered before this Court. It appears that a case under Sections 363, 366 -A IPC came to be registered against the petitioner No. 1 pursuant to FIR No. 111/2002 registered at Police Station, Chowari, District Chamba, on 15.11.2002. During the pendency of the case not only the petitioners No. 1 and 2 are living as husband and wife but three children have also been born out of this wedlock and the petitioners have jointly stated that they are happily residing along with the children ever since the year 2002. They have prayed for quashing of the FIR and consequential proceedings arising therefrom.

(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: