JAGJIT SINGH Vs. STATE OF PUNJAB & ANR

JUDGEMENT

(1.) The matrix of the facts, which needs a necessary mention for the limited purpose of deciding the instant petition for recalling/modification of order dated 8.10.2012 and emanating from the record, is that in pursuance of complaint of complainant Poonam, daughter of Ram Parkash (for brevity "the complainant"), a criminal case was registered against petitioners-accused Jagjit Singh and another, vide FIR No.144 dated 9.9.2010, on accusation of having committed the offences punishable u/ss 406 and 498-A IPC by the police of Police Station Garhshankar, District Hoshiarpur.

(2.) As soon as, the case was listed for evidence of prosecution in the trial Court, in the meantime, petitioners-accused moved the present main petition u/s 482 Cr.PC to quash the impugned FIR on the basis of compromise. As the factum of compromise was acknowledged by the complainant, therefore, the main petition was accepted and the impugned FIR and all other subsequent proceedings arising therefrom, were quashed by this Court, by virtue of order dated 8.10.2012 (Annexure R1), rendered in CRM No.M-3319 of 2012.

(3.) Now the complainant has moved this petition for recalling the order (Annexure R1), inter-alia pleading that after the passing of the indicated order, the complainant started living with her husband- petitioner No.1 (accused) in her matrimonial home. She was not aware about their intention, who acted very cleverly. In fact, the petitionersaccused were stated to have committed fraud on her as they wanted to get rid from the criminal case and they entered into a false compromise with her to get the criminal proceedings quashed. Their rude attitude resumed, they started abusing and beating the complainant. They gave beating to her on 15.10.2012 and openly declared that the FIR has already been quashed by the Court and now nothing can be done against them.