LAWS(P&H)-1993-12-99

HARBANS KAUR Vs. U.T. CHANDIGARH

Decided On December 03, 1993
HARBANS KAUR Appellant
V/S
U.T. CHANDIGARH Respondents

JUDGEMENT

(1.) ON a complaint made by Kirandeep Kaur in writing to the Senior Superintendent of Police, U.T. Chandigarh, a case under Sections 420/376, Indian Penal Code, was registered against Kulwinder Singh and the present petitioners, who are his sisters. The petitioners filed this petition under section 482, Code of Criminal Procedure, for quashing this First Information Report No. 80 dated September 16, 1992, registered at police Station City Chandigarh. They alleged that no offence under Section 420/376, Indian Penal Code, was made out against them from the facts mentioned in the First Information Report. They were simply passive spectators to the marriage of Kulwinder Singh with the complainant and there was absolutely no proof of any rape as the complainant was never subjected to medical examination.

(2.) DURING the pendency of this petition, the parties effected compromise and Kirandeep Kaur submitted an application for permission to effect compromise. She alleged that in view of the nature of the case and her own future prospectus she was not interested to follow up the case.

(3.) IN view of the application submitted by Kirandeep Kaur and her statement, it is evident that she had effected compromise with the petitioners and she does not want to pursue the case registered against the petitioners at her instance. The main averments in the complaint were against Kulwinder Singh who is residing abroad. Although the offence mentioned in the First Information Report are not compoundable yet considering the fact that the parties have amicably settled the dispute and the complainant is not to support the allegations made in the First Information Report, the trial will not end in conviction of the petitioners and no useful purpose will be served by continuation of the proceedings.