CRM-M/36392/2009 of RAUNAK SINGH Vs STATE OF PUNJAB AND ANR. on 24 December 2009

Arguments

CRM-M No.36392 of 2009

Raunak Singhvs.State of Punjab & another Present:Mr. A.K.Khunger, Advocate.for petitioner.

Mr. Mehardeep Singh, DAG, Punjab.****

This petition has been filed under Section 482 Cr.PCfor quashing the FIR No.30 dated 08.04.2009 under Section363/366 IPC at PS Dayalpura, Distt. Bathinda.

The wife of the petitioner and respondent No.2 ispresent in Court.

On instructions of Darshan Singh, ASI, Learned statecounsel has argued that the wife of the petitioner is actuallyunderage. The wife of the petitioner has expressed that shewants to stay with the petitioner at any cost. On this, thelearned state counsel has submitted that this incident hasbrought a great position of embarrassment to respondent No.2because petitioner is living in the neighbouring village. Hefurther states that respondent No.2 is complaining that thepetitioner and his companions are regularly taunting andthreatening the respondent No.2.

Learned counsel for the petitioner has stated that thepetitioner will leave their village within a period of two monthsfrom today so as to at least spare the family members of the wifeof the petitioner from any undesirable behaviour.

As regards as the threats, which are allegedly beingmade to the respondent No.2 I deem it appropriate to direct the SSP, Bathinda that in any case any such threat is made to therespondent No.2, it should be taken seriously and he shouldsupervise the investigation himself.

Learned State counsel on instructions of respondentNo.2 states that if these two conditions are fulfilled, respondentNo.2 is not interested in prosecuting the petitioner.

Consequently, in view of the fact that the allegationsare not very serious and in view of the decision of this Court in Kulwinder Singh & others vs. State of Punjab, reported as 2007 (3) RCR (Crl.) 1052, this compromise is accepted, andthe present petition is allowed and FIR No.30 dated 08.04.2009under Section 363/366 IPC at PS Dayalpura, Distt. Bathinda, isquashed.

This petition is allowed.

Copy of this order be given dasti to the learnedcounsel for the parties under the signatures of Court Secretary.

December 24, 2009sonia

(AJAY TEWARI)JUDGE