96 J Criminal Misc Nol 59016 of 2006 4 IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH Criminal Misc No M 59016 of 2006 Date of decisionle e SurjitSinghandothers n e etitioners Versus m Stateof Punjaband another Ct espondents 0 0 CORAM HONBLE MSJSTICE RITU BAHRI I 9 I Presentl Mr VipuIAggarwalAdvocate for the petitioner Z Mt GuninderS Brar AAGPunjab for respondentNo 2 Nonefor respondent No I RITU BAHRI J r Z The presentpetitionunder Section482 CroC has been Oledby the petitionersfor quashingof a privatecomplaintOled under Sections r 406452506395148 and 149 IPC read with Section25154159of Arms Act m Z PoIiceStationIslamabad Amritsar 4nnexure Pe2 and the summoningorder Il dated292005 passedbythe JudicialMagistrate l Class Amritsar lnnexure P9 Brief facts of the case are that petitionerNo 3 BaljinderKaur daughter of GurpalSinghwas got married on 2322002 with BharpurSinghson of JagtarSirighAfter the marriagethe familyof the husband startedilltreating t the petitionerfor want of dowry On 20 September 2003 an FIR was gor registeredunder Sections4984 406 and 506 IPC read with Section34 IPC registeredat Police Station BhikhiwindDistrict Tarn Taran Petitioner No3 Oled a petitionunderSection125 CrPC on 1702003 for maintenanceagainsther Rani Anita 2012.07.02 16: 11 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 97 1 1 CriminalMiscaNoeMw59016 of 2006 husband BharpurSingh The presentcomplaint was OledbyJagtarSinghfather ofBharpurSinghallegingthat No2 had givena Ioanof Rs50 Iacs to Nos 1 and 26brothers of petitioner No and thereaftertheyfailed to return the said amount With the interventionof of the society and goodsense and both the partiesagreedto resolvetheir dispute As per the BharpurSinghand his wife BaljinderKaur m to givedivorceto eachother It was alsoagreedthat petitionerNo will give an amount of Rs650001to No2 and respondent No2 will 0 0 withdraw the privatecomplaintAs per the petitioners this amount had been given and a receiptwas issuedin favourof JagtarSinglespondentNo2 duIy C5 signedbyboththe parties1eee No and respondent No2 In the trial FIRNo159 of 2003underSections491 406 and 506 IPC readwith Section In Z 34 IPC at Pollce Station Bhikhiwindpetitioners resiled from their statementand the accusedwere acquitted of the chargesbygivingbeneOtof I doubton 1452005 Petitioner no3 gavestatement on 1452005 that before L3 Z theLokAdalatthat she doesnot want to proceed with the petitionunderSection 125CrPC Accordingly vide order dated 1452005 the petitionunderSection 11 125 CrPC was dismissed as withdrawn At this stagethe intention of m2 Z No2 becamedishonestand hefiatlyrefusedto withdrawthe private 0n againstthe private order was issuedon 228005 to the present petitionersfor offence under Sections 406452506395142457148anO149 IPC readwith Seaion 25 of the Arms Act In the order dated 162010 counselfor No2 made a statement thattrial of the complaintIs almostcompleteand all the witnesses have been examinedbythe including himself Ari opportunity was granted to the petitioners to OIea certifiedcopy of the statement of complainant wherehe has been crossexaminedregarding the eHectedbetween the partles Rani Anita 2012.07.02 16: 11 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 98 r0 Criminal Misc 59016 of 2006 3 Mr VipulAggarwalAdvocatecounselfor the petitioners praysfor moretime to filethat statement in the Court His prayer is declinedsince the trial of the complaint is almost compietethis criminal miscellaneouspetitionis beingdisposedof with the observationthat the petitioners can raise ali thesepleasbeforethe trialCourtas A41 as iid down in State of Haryana ve Bhanan La4 1991 m 1 RCR Criminall383 The criminalcomplaint is not Iiableto be quashed at C4 the finalstageof the trial 0 0 The criminalmiscellaneousis dismissed I C5 8ev2011 e 1311 I RITU BAHRII VijayAsija JUDGE Z lr 14 I 1 r Z 00 1 D V Z 4 Qm Rani Anita 2012.07.02 16: 11 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document