CRM No. M-22915 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CRM No. M-22915 of 2009 (O&M)
Date of decision: 04.11.2009
Lakhwinder Singh alias Kala ...Petitioner
Versus
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sandeep Arora, Advocate, for the petitioner. Rajan Gupta, J (oral).
This is a petition under Section 482 Cr.P.C. seeking
quashing of the FIR bearing No.175 dated 14th September, 2009, under
Sections 363, 366, 120-B IPC, registered at Police Station Sadar, Batala,
Police District Batala, District Gurdaspur.
The FIR was lodged by Surta Singh stating therein that he
had married his adopted daughter Amarjit Kaur with Waris Masih. On
3rd September, 2006, she had come back from her matrimonial home to
meet her parents. However, she was kidnapped by Lakhwinder Singh
alias Kala (petitioner) in connivance with his mother Shibo and father
Murta Singh.
Learned counsel for the petitioner has prayed for quashing
of the FIR on the basis of an affidavit allegedly sworn by the prosecutrix
Amarjit Kaur to the effect that the petitioner and his parents had been
wrongly implicated in the instant case. The affidavit has been annexed
CRM No. M-22915 of 2009 2
to the petition as Annexure P-3.
I have heard learned counsel for the petitioner and perused
the records annexed with the petition.
The FIR was lodged way back in the year 2006. The
petitioner never submitted to the process of law. He was, thus, declared
a proclaimed offender in the instant FIR (as stated in para 8 of the
petition).
In my considered view, no ground is made out for quashing
of the FIR in the inherent jurisdiction of this court. The affidavit of the
prosecutrix, relied upon by the petitioner, cannot be the basis for
quashing. The matter can only be decided after evidence is led before
the trial court. Learned counsel for the petitioner has not been able to
show whether prosecutrix has been examined before the trial court till
date or not. He has only sought quashing of the FIR on the basis of
affidavit, Annexure P-3, allegedly sworn by the prosecutrix, exonerating
all the accused mentioned in the FIR.
I find no ground for quashing the FIR on the basis of the
said affidavit in inherent jurisdiction of this court. The petition is
devoid of merit and is hereby dismissed.
(RAJAN GUPTA)
JUDGE
November 04, 2009
‘rajpal’