BALJINDER KAUR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This petition has been filed by petitioner Baljinder Kaur under Section 482 Cr.P.C. for quashing of FIR No.271 dated 5.12.2012 (Annexure-P.1) registered on the complaint of Gurjit Kaur-complainant (respondent No.2) for the offences under Sections 382, 34, 120-B, 392, 395 and 454 IPC at Police Station City-1 Abohar and all other subsequent proceedings arising therefrom on the basis of affidavit dated 4.3.2013 of the complainant (Annexure-P.2).

(2.) The complainant-respondent No.2 has got registered the FIR against the unknown persons. It is mentioned in the FIR that on 5.12.2012 at about 6.15 a.m., the complainant and her minor daughter aged about 10-11 years were in the house and three unidentified persons in the age group of about 22-35 years having fire arms entered into the house. After entering the house, the Sikh person pointed out the gun towards the complainant and the face of the complainant was covered with a piece of cloth and other persons gave slaps to her daughter. Under the threat, they took one rexine bag along with .32 bore revolver of the husband of the complainant. They also took the golden ornaments and other valuable things and fled away. Subsequently, the petitioner is stated to have been apprehended and some of the articles, which were taken from the house of the complainant, are stated to have been recovered.

(3.) Learned counsel for the petitioner submits that thereafter, the report under Section 173 Cr.P.C. has been presented before the competent Court and the petitioner has been named in such report by the Police, despite the fact that she is immediate sister-in-law of the complainant and also is her immediate neighbour, who actually came to her help on the day of the occurrence, as is recorded in the FIR also.