Crl. Misc. No.M-16639 of 2009 ::1:: IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No.M-16639 of 2010 Date of decision: 05.08.2011 Bagicha Singh ..... Petitioner Versus State of Punjab and another ..... Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.D.S. Sidhu, Advocate, for Mr.L.S. Sidhu, Advocate, for the petitioner. Mr.Rajesh Bhardwaj, DAG, Punjab, for respondent No.1-State. **** This is a petition under Section 482 Cr.P.C. seeking quashing of FIR No.249 dated 01.10.2009 registered under Sections 376, 365, 323 and 149 IPC at Police Station Sadar Fazilka, District Ferozepur (Annexure P-1) on the basis of affidavit dated 24.05.2010 (Annexure P-2). Learned State counsel, at the outset, submits that the case before the trial Court is now fixed for 01.09.2011 for prosecution evidence. The FIR was lodged by the prosecutrix alleging that on 28th September, 2009, she along with her husband was sleeping in the room. Her son and daughter-in-law were sleeping in the other room. At about 1.30 a.m., there was a knock at the main door of the courtyard and when she opened the door, the petitioner-Bagicha Singh along with other co- accused abducted her. The petitioner-Bagicha Singh caught hold of the prosecutrix from her hair and brought her on the road. She was made to sit Crl. Misc. No.M-16639 of 2009 ::2:: in a jeep and given beating. She was taken to a room near the Satluj river where she was raped by the petitioner-Bagicha Singh. The prosecutrix was, thereafter, taken to Civil Hospital by her neighbour Baldev Singh and her medical examination was conducted. Keeping in view the nature of allegations levelled by the prosecutrix, compromise, if any, between the petitioner-Bagicha Singh and prosecutrix can be of no avail. The offences alleged are under Sections 376 and 365 IPC, which, apart from being non-compoundable, are serious in nature. Thus, in my considered view, there is no merit in this petition. Dismissed. (RAJAN GUPTA) JUDGE August 05, 2011 sukhpreet