BHUPINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the petition is for setting aside the order dtd. 18/9/2013 passed by the Additional Sessions Judge, SAS Nagar, Mohali (Annexure P-5); vide which the application under Sec. 311 Cr.P.C. filed by the petitioner seeking her re-examination as a witness in the trial in case FIR No.37 dtd. 13/7/2010 under Ss. 365/120-B of IPC (Sec. 364 IPC added later on) at Police Station Phase XI, SAS Nagar, Mohali (Annexure P-1), has been dismissed.

(2.) The facts leading to the filing of the present petition are that the petitioner herein is a widow, who had only son, namely, Gurdeep Singh. The son of the petitioner was married to the daughter of the accused-Jagbir Singh on 13/11/2008. The accused-Jagbir Singh was serving as Sub Inspector in the Punjab Police and was posted at CIA, Mohali. However, as the facts unfold, the matrimonial aspect between the son of the petitioner and the daughter of the accused-Jagbir Singh did not go well. Therefore, the accused-Jagbir Singh himself got lodged an FIR on 29/5/2009; involving the present petitioner and her son; with the alleged offences under Ss. 343, 323, 506, 406, 420, 34 of IPC and Sec. 25 of Arms Act, at Police Station Phase-VIII, Mohali. However, the matter did not stop there. Another FIR was got lodged on 2/6/2009 by Ranjit Kaur, the wife of the accused-Jagbir Singh.

(3.) Feeling pressurized because of these FIRs, the petitioner and her son had entered into a settlement with the accused-Jagbir Singh and his wife so that the FIRs could be got quashed. The interesting condition imposed for settlement of the FIRs was that son of the petitioner, namely, Gurdeep Singh would leave his widowed mother and would start living with the accused along with his wife, besides paying the other miscellaneous expenses for settling the FIRs. As a result, the son of the petitioner started living with the family of the accused-Jagbir Singh and the FIRs were got quashed through petitions filed on the basis of the compromise.