JAGDEV SINGH DHINDSA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has prayed for quashing of FIR No.22 dtd. 14/3/2005 for the offences punishable under Ss. 120-B, 494, 420, 495, 506, 406, 498-A of the Indian Penal Code ('IPC' for short), registered at Police Station Ahmadgarh, District Sangrur and the order dtd. 16/9/2005 passed by the trial Court, vide which the petitioner was declared proclaimed offender as well as all the subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioner submits that the FIR was registered at the instance of respondent No.2 Harjit Singh, brother of Sukhwinder Kaur, with the allegations that marriage of his sister was solemnized with Manjit Singh, son of the petitioner in the year 1989 and two children were born out of this wedlock, however, later on, Manjit Singh had gone to USA and has not returned back. It is further submitted that in the meantime, vide judgment dtd. 9/3/2015, lower appellate Court acquitted co-accused of the petitioner, namely Sohan Singh, Harpreet Kaur, Gurmeet Kaur and Hartej Singh, holding that neither the offence under Sec. 406 IPC is made against these persons nor offence under Sec. 498-A IPC is made out. It is also submitted that the petitioner, who is aged about 90 years, is residing abroad and is unable to come back to India, as he is in the last leg of his life and even if he is directed to appear before the trial Court and face the trial, there is no chance of his conviction, in view of the fact that his co-accused have already been acquitted and the prosecution cannot produce any better evidence.

(3.) Learned counsel has further submitted that the matter has been amicably settled between the parties.