Punjab and Haryana High Court Dismisses FIR Quashing Petition in Domestic Dispute

Court Finds Allegations in FIR Involve Disputed Facts Requiring Examination of Evidence

In a recent judgment, the Punjab and Haryana High Court dismissed a petition seeking the quashing of an FIR filed under various sections of the Indian Penal Code, 1860, including Sections 323, 498A, 506, 509, and 34. The FIR, registered at Dabua Police Station, District Faridabad, included allegations against Mohd. Arif and others.

Presiding over the case, Justice Alok Jain concluded that the allegations in the FIR involved disputed questions of fact, which necessitated a detailed examination of evidence that could not be resolved summarily. The court emphasized that the FIR should be read in its entirety, and noted that the purported involvement of the complainant's mother-in-law, who had allegedly passed away 23 years prior, seemed to be a typographical error or oversight.

The petitioners' counsel argued that the FIR was false and concocted, particularly highlighting the mention of the mother-in-law, who was deceased at the time the events supposedly occurred. Additionally, it was contended that petitioners No. 3 and 4, residents of Delhi, were not living in the shared household with the complainant, thus rendering the allegations against them unfounded.

Despite these arguments, the court found no merit in the petition to quash the FIR. It was determined that the issues raised required thorough investigation and evaluation of evidence, which could not be bypassed at this stage. The court's decision underscores the importance of allowing the legal process to unfold, especially in cases involving complex factual disputes.

Bottom Line:

FIR quashing petition dismissed as the allegations in the FIR involve disputed questions of facts, which require examination of evidence and cannot be resolved summarily.

Statutory provision(s): Sections 323, 498A, 506, 509, and 34 of the Indian Penal Code, 1860.

Mohd. Arif v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2821882