In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M- 7480 of 2009 (O&M)
Date of decision: 20.3.2009
Rajinder Kaur and others
......Petitioners
Versus
State of Punjab and another
.......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Amit Dhawan, Advocate,
for the petitioners.
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SABINA, J.
Petitioners have filed this petition under Section 482 of
the Code of Criminal Procedure for quashing of order dated
17.1.2007 passed by Judicial Magistrate, Ist Class, Malerkotla
(Annexure P-2) in the light of compromise/affidavit (Annexure P-7).
Learned counsel for the petitioners has submitted that the
petitioners were declared proclaimed offenders vide impugned order
dated 17.1.2007 by the Judicial Magistrate, Ist Class, Malerkotla in
the FIR lodged by respondent No.2. Now the parties have arrived at
a compromise with the intervention of the relatives and respectables
Criminal Misc. No.M- 7480 of 2009 (O&M) -2-
of the area. As per the compromise/affidavit (Annexure P-7),
respondent No.2 has decided to join the matrimonial home along with
her husband-petitioner No.3 at Holland.
Notice of motion.
At the asking of Court, Ms.Ravinder Kaur Nihalsinghwala,
Sr.DAG, Punjab accepts notice on behalf of respondent no.1,
whereas, Mr.A.P.Kaushal Advocate accepts notice on behalf of
respondent No.2.
Learned counsel for respondent No.2 has filed
reply/affidavit on behalf of respondent No.2, who is also present in
Court, wherein the factum of compromise effected between the
parties vide Annexure P-7 is admitted. It is also mentioned in the
reply/affidavit of respondent No.2, that now she will reside with her
husband and she has no objection in case the impugned order in
question is ordered to be quashed.
Accordingly, the present petition is allowed. The
impugned order dated 17.1.2007 passed by Judicial Magistrate, Ist
Class, Malerkotla (Annexure P-2), whereby the petitioners were
declared proclaimed offenders, is quashed.
The petitioners are directed to surrender before the trial
Court on or before 20.4.2009.
(SABINA)
JUDGE
March 20, 2009
anita