PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure ("Cr.P.C." - for short) seeking quashing of F.I.R. No. 29 dated 29.3.2010 (Annexure P1) registered at Police Station Subhanpur District Kapurthala for the offences under Sections 307 and 452 Indian Penal Code ("I.P.C." - for short); besides, Section 27 of the Arms Act and all subsequent proceedings arising therefrom in view of the compromise (Annexure P-2).

(2.) Mr. Abinashi Singh, Advocate has put in appearance along with Smt. Rama Sharma (respondent No. 2) in person. Smt. Rama Sharma (respondent No. 2) who is identified by her counsel submits that she has compromised the matter with the petitioner and she does not want to pursue the matter any further. It is also stated that she has compromised the matter of her own free will and desire and without any kind of pressure or undue influence of anyone. The Vakalatnama filed by Mr. Abinashi Singh complainant/respondent No. 2 and the affidavit of Smt. Rama Sharma (respondent No. 2) dated 13.4.2010 (in vernacular) have been filed in Court today and the same are taken on record. It is accepted by Smt. Rama Sharma that the affidavit dated 13.4.2010 bears her signatures.

(3.) The F.I.R. in the case has been registered on the statement of Smt. Rama Sharma, complainant/respondent No. 2. It is alleged by the complainant that she is running a shop for the last 10 years and the petitioner used to come for taking medicines. They had family relations and joined marriage ceremonies in the family. The complainant/respondent No. 2 had been going to America and England for the last 2-3 years on visitor Visa and on 8.3.2010 after visiting America she had returned. The petitioner had insisted to take him to America on visa along with her but the complainant/respondent No. 2 refused him. The petitioner then threatened the complainant/respondent No. 2 to kill her. The complainant told the petitioner that she could not take him with her. On this he (petitioner) threatened her and abused her on telephone. At about 12.30 p.m. on 29.3.2010 the complainant was present in her house and both her sons namely Ravinder Kumar and Arun Sharma were also present. The petitioner who had a double barrel gun which was loaded, under the influence of liquor entered the house of the complainant after opening the gate. After seeing the petitioner's condition, the sons of the complainant told him to go out. The petitioner, however, asked them to call their mother (respondent No. 2) as he wanted to kill her. The complainant was hearing the same inside. In the meantime, the petitioner fired from his gun with an intention to kill them and the complaint and her sons saved themselves running away. On hearing the noise of bullet, persons from the neighburhood gathered there. Then the petitioner along with his gun fled away from the house of the complainant. No injury has been attributed to be caused to any of the parties. The parties have now amicably resolved their dispute. Smt. Rama Sharma (respondent No. 2) has deposed her affidavit dated 13.4.2010 (Annexure P2), the original of which has been filed in Court today and is taken on record. The challan in the case has been Filed and the charges have not been framed.