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Rakka Verma v. State of Haryana & Anr - CRM-17496-m-2003 [2006] RD-P&H 3256 (17 May 2006)


Criminal Misc. No. 1749M of 2003

Date of decision: May 24,2006

Rakka Verma V. State of Haryana and another CORAM: HON'BLE MR.JUSTICE VINEY MITTAL
Present: Shri Kuldeep Singh, Advocate, for the petitioner.

Shri Siddarath Batra,Assistant Advocate General,Haryana Viney Mittal,J.(Oral)

The petitioner is an unmarried sister of Deepak Kumar who was married with Sudesh Rani on August 4,2002. It appears that a matrimonial dispute arose between the parties. Consequently, FIR No.191 dated March 26,2003 was got registered by the complainant, Sudesh Rani, against the husband and his other family members including the present petitioner, Rekha verma under section 498-A and 406 of the Indian Penal Code with Police Station City Jagadhri.

The present petition has been filed by the petitioner for quashing the aforesaid FIR and the resultant criminal proceedings.

I have heard the learned counsel for the parties and have also gone through the record of the case.

On perusal of the contends of the FIR, I am satisfied that not even a word has been uttered by the complainant against the petitioner.

Primary allegations appear to be levelled only against the husband and his parents. In this view of the matter, when the petitioner seems to have been roped in only with a view to embarrass the entire family of the husband, then it is apparent that the lodging of the FIR against the petitioner and continuance of the criminal proceedings against her is clearly a misuse of the process of the criminal law.

Consequently, the present petition is allowed and the FIR No.191 dated March 26,2003 Police Station, City Jagadhri under sections 498-A, and 406 of the Indian Penal code against the petitioner, Rekha Verma, is ordered to be quashed. As a result thereof all the resultant proceedings pending in the criminal court against the petitioner shall also stand quashed.

A copy of the order be given dasti on usual charges.

May 24, 2006 ( Viney Mittal )

sks Judge


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