Subodh
Kaura & Anr Vs. State of Haryana & Ors [2008] Insc 273 (22 February 2008)
Altamas
Kabir & J.M. Panchal
O R D
E R CRIMINAL APPEAL NO. 374 OF 2008 (Arising out of SLP (Cr.)No. 4215/2006)
Leave
granted.
This
appeal is directed against the order passed by the High Court on the
appellants' application under Sec.482 of the Code of Criminal Procedure for
quashing of the FIR No. 346 dated 13.5.2003, Police Station, Section-5 Panchkula,
for the offences alleged to have been committed under Sec.406/498-A of the
Indian Penal Code. The said petition was filed on behalf of five of the seven
accused, and, as will appear from the order of the High Court impugned in this
appeal, the same was allowed in respect of petitioner Nos. 1 and 2, who are
admittedly residents of Nigeria, and petitioner No. 5 who is the
uncle of the husband of the complainant. The petition was dismissed as far as
the petitioner Nos. 3 and 4, Subodh Kaura and his wife Sonia Kaura, are
concerned. It may be indicated that Sonia Kaura is the sister of the accused
No.1 - husband of the complainant, and Subodh Kaura is her husband.
-2-
The High Court while considering the petition has dealt with the case made out
on behalf of the petitioner Nos.1,2 and 5 but except for indicating that the
FIR against the appellants herein would remain, no reason has been given as to
why such order was required to be passed in respect of the appellants herein.
Having
heard learned counsel for the respective parties, we set aside the order of the
High Court, as far as it dismisses the petition of the appellants under Sec.482
of the Code of Criminal Procedure, and remit the matter to the High Court for
fresh consideration of the said petition after hearing the parties and in
accordance with law.
-3- We
make it clear that this order does not in any way amount to any expression on
the merits of the matter.
The
interim stay granted on 8.9.2006 by this Court will continue till the disposal
of the matter by the High Court.
The
appeal is disposed of accordingly.
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