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CASE NO.: Appeal (crl.)  374 of 2008

PETITIONER: SUBODH KAURA & ANR

RESPONDENT: STATE OF HARYANA & ORS

DATE OF JUDGMENT: 22/02/2008

BENCH: ALTAMAS KABIR & J.M. PANCHAL

JUDGMENT: JUDGMENT 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.        

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       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.

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       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.