IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No.M-2702 of 2009 (O&M) Date of Decision 03.03.2010 Palwinder Kaur ...... Petitioner(s) VERSUS State of Punjab and others ...... Respondent(s) CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.P.L.Singla, Advocate, for the petitioner. Mr.C.S.Brar, Deputy Advocate General, Punjab. Mr.Malkeet Singh, Advocate, for respondents No.2 and 3. ***** A.N.JINDAL, J(ORAL): The petitioner has invoked the powers under Section 482 of the Code of Criminal Procedure, for quashing the impugned order dated 30.10.2008, passed by Addl. Chief Judicial Magistrate, Kapurthala, on the ground that in Criminal Misc.No.1055-M of 2007, Surjit Singh had sought for quashing the FIR No.194 dated 30.11.2005, under Sections 420/120-B IPC, registered at Police Station Bholath, Tehsil and District Kapurthala, qua him only, on the basis of compromise. In the said petition, on no objection made by complainant Palwinder Kaur, this Court vide order dated 22.09.2008 had quashed the FIR qua him (Surjit Singh) but the trial Court dropped the proceedings against all the accused. Heard. The trial Court appears to have made mistaken interpretation of the order while quashing the FIR as it is mentioned in the order that, in view of the compromise, continuance of the proceedings against the petitioner (Surjit Singh) would amount to misuse of the process. No reference has been made in the order if the FIR qua the other accused was also sought for and was quashed by this Court. At the same time, it appears that the word quashing of the FIR qua the petitioner only could not be mentioned by inadvertence. As such, it would be in the fitness of things Criminal Misc.No.M-2702 of 2009 -2- to correct the order dated 22.09.2008 while adding the words in the operative part of the order after the words Tehsil & District, Kapurthala and the subsequent proceedings (qua the petitioner). As a consequence of the correction, the impugned order dated 30.10.2008 is liable to be quashed. Resultantly, this petition is accepted and the impugned order dated 30.10.2008 is hereby quashed as the petitioner wants to continue the proceedings against the other accused. Registry is directed to make necessary correction in the order dated 22.09.2008 passed in Criminal Misc. No.1055-M of 2007 “Surjit Singh versus State of Punjab and another. Trial Court is directed to proceed in accordance with law against the other accused. (A.N.Jindal) Judge 03.03.2010 mamta-II