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Delhi High Court · 12 Sep 2011 · 2011:DHC:12241
Ajit Bharihoke
CrLM,C. No.1421/2011
2011:DHC:12241
criminal petition_dismissed

AI Summary

The High Court dismissed the petition to quash the FIR under Sections 498A and 406 IPC, holding that the accused have an adequate remedy to be heard before framing of charges under Section 239 Cr.P.C.

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#14
% 12.09.2011
Present: Petitioners No.l to 3 in person for seif as well for petitioner
No.4.
Ms. Jasbir Kaur, APP for the respondent No.l/State along with
SI Chander Pal Singh, CAW Cell, Nanakpura, Delhi.
Respondent No.2 in person with Mr. Dhanesh Relan, Advocate.
+ CrLM,C. No.1421/2011
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No.76/2009 under Section 498A/406 IPC P.S. Nanakpura, Delhi. It is submitted by learned APP, on instructions from SI Chander Pal Singh, CAW
Cell, Nanakpura, that investigation in this case is complete and charge sheet has already been filed and the matter is listed before the concerned iviagistrate for hearing arguments on charge.
Since the charge sheet has been filed under Section 498A/406 IPC, the petitioners, in view of Section 239 Cr.P.C., would get an opportunity of being heard before framing of charges. As the petitioners have an efficacious remedy available to them to make their submissions against framing of charge before the Magistrate, I am not inclined to invoke
.'inherent jurisdiction under Section 482 Cr.P.C. to quash the FIR and the proceedings emanating therefrom.
Petition is dismissed. Needless to say that the petitioners will be heard on point of charge by the concerned Magistrate.
SEPTEMBER 12, 2011 pst
(AJIT BHARIHOKE)
JUDGE
2011:DHC:12241
JUDGMENT