ANJU SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners have filed the present petition for quashing of FIR No. 1 of 2023, dtd. 15/1/2023, registered at Women Police Station Una, District Una, H.P. for the commission of offences punishable under Ss. 498-A, 406 and 506 of IPC and consequential proceedings pending before learned Judicial Magistrate First Class, Court No.3, Una H.P., titled State of H.P. Vs. Anuj Sharma and another. It has been asserted that the informant lodged a false FIR against the petitioners. The contents of the FIR do not contain the details of the incident of demand. Petitioner No.1 actively helped the informant in getting her Ph.D. Degree and it was wrongly mentioned in the FIR that she was not allowed to pursue her higher education. The informant worked as an Assistant Professor at RIMT University, Punjab and thereafter shifted to Chandigarh University. It was wrongly mentioned that the petitioners were unhappy with the birth of a baby girl. On the other hand, the petitioners and their family members were happy with the birth of the girl and also named her Krishanpriya. The FIR is the result of misunderstanding. The informant left her home with her daughter without any reason. Petitioner No.1 used to reside in Panipat due to his job and the informant was taking education at Patiala. They used to meet during the weekend. The informant had initiated various proceedings against the petitioners. The informant had taken all the articles belonging to her with the help of the police. The continuation of the proceedings would be highly unjust. Hence, it was prayed that the present petition be allowed and FIR be quashed.

(2.) The petition is opposed by respondent No.1 by filing a reply making preliminary submission regarding lack of maintainability. The contents of the petition were denied on merits. It was asserted that the FIR was registered at the instance of the informant. The police conducted the investigation and found sufficient reasons to file a charge sheet against the petitioners hence, the charge sheet was submitted in the Court of learned Chief Judicial Magistrate, Una, who assigned it to learned Judicial Magistrate First Class-II, Una. Specific allegations were levelled by the informant against the petitioners. She stated that three gold sets, two gold karas, one gold nose ring (nath), two gold tops and a scooty are lying in the house of the petitioners. The competent Court is seized of the matter. Therefore, it was prayed that the present petition be dismissed.

(3.) No reply was filed on behalf of the informant.