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Judgment
Heard learned counsel for the petitioners and learned counsel appearing for the informant/O.P. No.2.
The present application has been filed by the petitioners for quashing of the First Information Report (FIR) registered as Udwant Nagar P.S. Case No. 310 of 2017, G.R. No. 3975/2017 for the offences punishable under sections 341, 323, 448, 498, 379, 120(B), 504, 34 of the Indian Penal Code.
The brief facts of the case is that in light of order passed by Hon’ble Patna High Court, the complainant was keeping his wife from 21.07.2017, but occasionally, she went to the house of his uncle and aunty because her sister was the daughter-in-law of them. The complainant further alleged that by way of conspiracy of marriage, his uncle and aunty instituted a criminal case against him, thereafter, he accepted his wife Bindu Devi. The complaint alleged that on 23.08.2017, co-accused Praduman Chaudhary taken away his wife on motorcycle alongwith her ornaments worth Rs. 25,00,000/- and cash of Rs. 70,000/-, thereafter, he went to the police station for lodging an FIR and on denial, he instituted a complaint case against the petitioners in the court of learned Chief Judicial Magistrate, Bhojpur. On the basis of written complaint of the complainant, the Station House Office of Udwant Nagar Police Station drawn a FIR, as discussed aforesaid, against the petitioners.
During course of argument, it is submitted by learned counsel appearing for the informant/O.P. No.2 that after investigation charge-sheet has already been submitted in this matter and, in furtherance of same, the charges have been framed against the accused persons including the petitioners by the learned trial court and trial is under progress, where the informant has already been examined.
It is submitted that in view of same, the present quashing petition, preferred by the petitioners as to quash the FIR, is not maintainable, as the trial of the case is under progress.
Considering the aforesaid submission as trial is under progress, the present quashing petition appears devoid of merit, accordingly same stands dismissed.
Let a copy of this judgment be sent to the learned trial court immediately.