INDERJIT SINGH AND ANOTHER Vs. MOHINDER KAUR

JUDGEMENT

(1.) This is a petition under Section 482 of the Cr.P.C for quashing of Complaint no.28 of 05.05.2001 titled as Mohinder Kaur vs. Nishan Singh and others (Annexure P-5), the summoning order dated 09.10.2003 (Annexure P-6) and Order dated 16.01.2006 (Annexure P-7) and the subsequent proceedings thereto pending in the Court of Judicial Magistrate Ist Class, Dasuya.

(2.) The only argument raised by learned counsel for the petitioners is that the respondent had lodged FIR No.9 dated 17.03.2000 under Sections 436 and 429 IPC at Police Station Talwara, District Hoshiarpur on the same set of allegations as the present complaint. The said FIR has been placed on record as Annexure P-1. The police investigated the matter and filed the untraced report. The Judicial Magistrate Ist Class, Dasuya after receiving the untraced report, recorded the statement of the respondent that she had no objection, if the case is cancelled. Resultantly, the Magistrate keeping in view the statement of the complainant, ordered to consign the file to the record room as Adam Patta. Thereafter, after the lapse of one month, the respondent filed a protest petition/complaint under Sections 448, 449, 452, 453, 436 and 429 IPC against Inderjit Singh, Mandeep Singh, the present petitioners and another Nishan Singh on 03.05.2001. The petitioners have been summoned in the said case to face trial, whereas, the very complaint was not maintainable. It was contended that the Judicial Magistrate Ist Class, Dasuya had no power to entertain the complaint, once the cancellation report in the FIR had been accepted.