LAWS(RAJ)-2005-8-58

VISHAL MAHESHWARI Vs. STATE OF HARYANA

Decided On August 05, 2005
VISHAL MAHESHWARI Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) BRIEF facts of the case are that the petitioner Vishal Maheshwari married the daughter of respondent No. 3 on 31. 1. 2004 at Jaipur. After marriage, the bride and the bridegroom were sent by the parents of the bridegroom to Europe for honeymoon and thereafter, the girl started residing at Malviya Nagar, Jaipur at her marital house. After some time of the marriage, misunderstanding cropped up between the husband and wife and as the situation become worse, the father of the girl thought it proper to bring his daughter to Karnal and the girl went to her parental house of Karnal on 15. 7. 2004.

(2.) THE controversy arise when a criminal complaint (a regular FIR) bearing No. 423/2004 came to be registered at Police Station Gharaunda, Karnal, for the offences punishable under Sections 498-A, 406 and 506 IPC against the petitioners and this present petition has been filed invoking jurisdiction of Article 226 read with 227 of the Constitution of India for getting the FIR quashed.

(3.) BY placing the aforesaid facts, learned counsel for the respondents tried to make out the case that the petitioners are guilty of playing hide and seek game and concealing material facts from this court. It is given out that the petitioners also moved a petition under section 407 read with section 482 Cr. P. C. for transferring the trial of the case bearing FIR No. 423/04 dated 10. 11. 2004 under sections 498-A/406/506 IPC registered at Police Station Gharaunda, Tehsil & District Karnal (Haryana), pending in the court of Judicial Magistrate Ist Class, Karnal to any other court of competent jurisdiction at Rohtak, Gurgaon or any other court outside the Karnal Sessions Division and this petition is registered as criminal misc. No. 30612/05 "vishal Maheshwari & Others vs. State of Haryana & Another" and same is pending with Punjab & Haryana High Court.