NIRMAL SINGH, J. - (1.) THIS is a petition under Section 482 Cr.P.C. for quashing the FIR No. 464 dated 5.10.2000 in case under Sections 302/323/148/149/212/216 IPC, Police Station Sadar, Karnal, qua the petitioner.
(2.) I have heard learned Counsel for the parties and perused the record. The petitioner has sought the quashing of the FIR, on the following grounds :- "(i) That there is no allegation in the F.I.R. against the present petitioner. The allegations are against 4 persons namely Subhash son of Jaipal, Subhash son of Ram Chander, Suresh @ Mali son of Puran Chand and one Birbal son of Amrit. There is no allegation against the present petitioner that she has either colluded with the accused or has any conspiracy in murder. (ii) That from the bare perusal of the F.I.R. no ingredient of Sections 323/302/148/149/213/216 I.P.C. is made out against the present petitioner. (iii) That the petitioner was not knowing whereabout of Subhash and she has been falsely implicated being the mother of Subhash. The deponent was not knowing about the Subhash. He was not coming to the house and whereabout of his was not known. (iv) That the deponent has never harbour or conceal anyone to avoid her from legal custody. The deponent has been implicated with a mala fide intention. (v) That the deponent has never allowed anyone to escape from custody or she has not helped anyone to avoid the arrest rather she has been falsely implicated with mala fide intention because she has approached to Superintendent of Police against Gulzar Singh, CIA Inspector for picking up father-in-law of Subhash and Anita wife of Subhash. (vi) That the F.I.R. is liable to be quashed because the ingredients of Section 212/216 I.P.C. is not made out against the present deponent nor ingredients of Section 302 I.P.C is made out. If the F.I.R. is mala fide intention then the same should be quashed." The FIR was registered in this case on the statement of Angrez Singh @ Geju son of Mangal Singh, caste Jat Sikh, resident of Dera Guru Nanakpur, Pingli Road. The FIR reads as under :- "Statement of Angrez Singh @ Geju son of Mangal Singh, Caste Jat Sikh resident of Dera Guru Nanakpur, Pingli Road, age 32 years stated that I am resident of above noted address and labour work. On 4.10.2000 in the night at about 12.00 p.m. I was coming from my sister house Harbhajan Kaur resident of Jyoti Nagar, Karnal. I was going to my Dehra. When I reached to Pingli road, I have seen that in front of near Bodh Raj Hotel, 4 persons Subhash son of Ram Chander caste Jat resident of Narukheri at present Dehra Bhola Raqba Pingli, Subhash son of Jaipal caste Jat resident of Narukheri, Suresh @ Mali son of Puran Chand caste Jat resident of Narukheri and one more person black colour and teeth of whom were protruding out. All the 4 were beating Buta Singh son of Mohinder Singh, Jat Sikh R/o Dera Guru Nanak, Pingli Road, Karnal. All where in drink mood. I asked them why are you beating a poor person. They started me beating also. That time Buta Singh fell on the road. Subhash son of Jaipal who is working in a Railway Police as a constable has inflicted iron rod blow many times on my head. Subhash son of Ram Chander and Suresh have also given below on my face and legs. The fourth persons whose name I do not know but I recognised when he comes. He has also inflicted lathi blow. I cried save save. In the meantime, Kamaljit Singh son of Amar Singh, Jat Sikh R/o Dera Guru Nanakpura, Gurmeet Singh son of Sh. Jasmeer Singh, Jat Singh resident of Colony, Karnal. Vinder Singh son of Sheesha Singh Jat Sikh resident of Pingli Road, Karnal has got me free from them. All the four have ran away with their weapon on 2 motorcycles. One was Suzuki and other was Hero Honda. They went towards Pingli. After there going, Buta Singh has died. The blood was coming out from Head and Neck. Gurmeet Singh and Nerpal Singh brought me to Civil Hospital and got me admitted."
(3.) MR . R.S. Mamli, learned Counsel for the petitioner submitted that the proceedings against the petitioner have been initiated under Sections 212 and 216 IPC with the mala fide intention of the Investigating Officer. He further submitted that husband of the petitioner made various applications to the Director General of Police, Haryana and Home Minister, Haryana and Human Rights Commission that the entire family of the petitioner has been illegally detained. He further submitted that when the husband of the petitioner filed a habeas corpus petition in the High Court, on coming to know this fact, the Investigating Officer immediately arrested the petitioner under Sections 212 and 216 IPC to show that she has been legally detained. He also submitted that there is no evidence on the record that the petitioner was aware that her son has committed an offence. There is no evidence collected by the prosecution that the petitioner has harboured and concealed her son. He submitted that from the statements of Gurcharan Singh and Gurbax Singh, the offence of harbouring under Sections 212 and 216 IPC is not made out.;