Criminal Misc. No.M-48996 of 2007 1 Criminal Misc. No.M-9168 of 2007 In the High Court of Punjab and Haryana at Chandigarh Date of decision:5.9.2011 Criminal Misc. No.M-48996 of 2007 (O&M) Sukhwinder Kaur and others ......Petitioners Versus State of Punjab and others .......Respondents Criminal Misc. No.M-9168 of 2007 (O&M) Jaswinder Singh and another ......Petitioners Versus State of Punjab and another .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.G.S. Sandhawalia, Advocate and Ms.Puja Chopra, Advocate, for the petitioners. Mr.Vishal Munjal, Addl.A.G.Punjab. Mr.Manu Bhandari, Advocate for respondent Harinderjit Singh. **** SABINA, J. Vide this order, the above mentioned two petitions will be disposed of as the petitioners have sought quashing of the complaint Criminal Misc. No.M-48996 of 2007 2 Criminal Misc. No.M-9168 of 2007 dated 30.8.2006 as well as the summoning order dated 8.11.2006 and all the subsequent proceedings arising therefrom. After hearing learned counsel for the parties, I am of the opinion that the present petitions deserve to be partly allowed. The present case is an offshoot of a matrimonial discord between the complainant and his wife. Some compromise was effected between the parties. Petitioner No.1 has got an ex parte decree of divorce against the complainant. The allegations levelled by the complainant apart from the allegations levelled by him in FIR No.420 dated 8.12.2004 under Sections 406/ 420/ 379/ 380/ 120-B/ 506 are that in the compromise (Annexure P-3) few lines had been added later on wherein it had been averred that the complainant had received all the articles from his house. The allegations levelled by the complainant in the State case were duly inquired into and were found to be false. A cancellation report was prepared by the investigating agency and was submitted in the Court. The same was accepted vide order dated 11.9.2008 by the Judicial Magistrate, Ist Class, Patiala. In the complaint filed by the complainant, the summoning order in question was passed on 8.11.2006. The enquiry conducted by the police was proved on record. However, the trial Court, while passing the impugned summoning order, has not discussed the enquiry report submitted by the investigating agency in the State case. Reasons for discarding the report of police investigation were necessary to be given while passing the impugned summoning order. In these circumstances, it would be just and expedient to quash the impugned summoning order and remand the Criminal Misc. No.M-48996 of 2007 3 Criminal Misc. No.M-9168 of 2007 case back to the trial Court for passing a fresh order in accordance with law. Accordingly, the present petitions are partly allowed. The impugned summoning order dated 8.11.2006 is set aside. The trial Court is directed to pass a fresh order in accordance with law. (SABINA) JUDGE September 5, 2011 anita