Crl. Misc. No. M- 35409 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 35409 of 2009 Date of Decision: March 16, 2010 Mohan Lal & Ors. ........Petitioners Versus The State of Punjab and Anr. ........ Respondents CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Sant Pal Singh Sidhu, Advocate for the petitioners. Mr. Amandeep Singh Rai, AAG, Punjab. Mr. Naveen Kumar Sharma, Advocate for the respondent No.2. SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') for quashing the complaint titled as “Chhindo Rani versus Mohan Lal and others” dated 02.08.2005, under Sections 302/34 of Indian Penal Code (in short 'IPC'), pending before learned trial court, Ferozepur. Learned Counsel for the petitioners has submitted that for the same incident FIR No.24 dated 1.3.2004 was registered at Police Station Mamdot under Section 302/34 IPC. Qua the same incident, the complainant-respondent no.2 had also filed the present private complaint. In the case registered on the basis of the police report, the matter was investigated and untraced report was submitted. Notice of the said report was sent to the complainant. Complainant stated before the Additional Sessions Judge Ferozepur that she had no objection if the untraced report is accepted. Crl. Misc. No. M- 35409 of 2009 2 Vide order dated 23.02.2010, the untraced report was accepted by Additional Sessions Judge, Ferozepur. Learned Counsel for the petitioners has submitted that in the case registered on the basis of police report the petitioners have been found innocent, and the said report had been accepted by the complainant and hence the present private complaint filed by the complainant- respondent no.2 against the petitioners was also liable to be quashed. Complainant-respondent no.2 , who is present in person in Court along with her Counsel, has not opposed the petition. Keeping in view the fact that in the FIR No.24 dated 01.03.2004 registered at Police Station Mamdot under Section 302/34 IPC, untraced report submitted by the Investigating Agency after investigating the case has been accepted by the learned Additional Sessions Judge, Ferozepur, the continuation of the private complaint on the same allegations and qua the same incident would be nothing else but abuse of process of law. Petitioners were found innocent during investigation by the police and the untraced report submitted by the police was accepted by complainant. Even this petition has also not been opposed by the complainant. Accordingly, the present petition is allowed. The complaint titled as “Chhindo Rani versus Mohan Lal and others” dated 02.08.2005, under Sections 302/34 of Indian Penal Code (in short 'IPC'), pending before learned trial court, Ferozepur. and subsequent proceedings, arising therefrom, are quashed. (SABINA) March 16, 2010 JUDGE Anand