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2022 Supreme(HP) 549

CHANDER BHUSAN BAROWALIA
Muhammad Venus – Appellant
Versus
State of Himachal Pradesh Through Secretary (Home) – Respondent


Advocate Appeared:
For the Petitioner:Mr. M.A. Khan, Sr. Advocate With Ms. Hem Kanta Kaushal, Advocate
For the Respondent:Mr. Shiv Pal Manhans, Mr. Hemanshu Misra, Additional Advocates General And Mr. Bhupender Thakur, Deputy Advocate General, Ms. Dhanvanti, Advocate

ORDER :

The present petition is maintained by the petitioner, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”) for quashing of F.I.R No.0005 of 2021, dated 8.2.2021, under Sections 377, 498-A and 506 of the Indian Penal Code, registered at Police Station Keylong, Lahaul & Spiti, H.P alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

2. Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that on the basis of a written complaint submitted by the complainant, i.e. wife of petitioner to Superintendent of Police, Baddi, District Solan, H.P., case has been registered against the petitioner in police Station Keylong, on receiving the said application/complaint in the Police Station through Superintendent of Police, Baddi on 08.02.2021. Crux of the complaint is that complainant, for surgery, is not able to deliver a child, which has strained relations between the couple resulting into quarrels between them. Whereupon, complainant had also reported the matter to Women Cell, Mandi, where petitioner had assured not to misbehave with the complainant

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