CRM No.M-26821 OF 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-26821 OF 2009 (O&M) Date of Decision : 06.12.2011 Jarnail Singh and another ...Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present :Mr. Arun Takhi, Advocate, for the petitioners Mr. G.S.Brar, Asstt. Advocate General, Punjab *** AUGUSTINE GEORGE MASIH, J. (ORAL) Prayer in this petition is for quashing of FIR No.164 dated 15.08.2004 (Annexure P-1) registered under Sections 465, 466, 120-B IPC at Police Station City Moga, District Moga along with all consequential proceedings arising therefrom. It is the contention of the counsel for the petitioners that unfortunately during the pendency of the trial complainant-Rajinder Kaur has expired on 13.10.2006. The death certificate is appended as Annexure P-3. In any case, he contends that the present FIR could not be lodged against the petitioners as none of the offences for which the FIR has been registered is a cognizable one, as such, only complaint would have been maintainable. His further contention is that prior to the registration of the FIR, the requisite corrections were got incorporated in the birth certificate of the child-Prabhjot. The birth certificate dated 30.05.2003 is appended as Annexure P-2. He on this basis prays for quashing of the FIR along with all consequential proceedings arising therefrom. Counsel for the State, on the other hand, could not dispute the CRM No.M-26821 OF 2009 (O&M) -2- contention as raised by the counsel for the petitioners. I have heard learned counsel for the parties and gone through the record of the case. The allegations in the FIR against the petitioners are that the marriage was solemnized between petitioners, Jarnail Singh and Manjit Kaur. When no child was born out of the wedlock, second marriage was solemnized between Jarnail Singh petitioner No.1 and Rajinder Kaur on 22.08.2001 at Ludhiana. The son, namely, Prabhjot was born out of the wedlock at Moga on 11.08.2002. While getting entry made in the birth certificate instead of recording the name of the complainant-Rajinder Kaur in the column of name of mother, name of the first wife of Jarnail Singh i.e. Manjit Kaur-petitioner No.2 was got incorporated. This was alleged to have been committed by the petitioners in connivance with each other and therefore on that basis the FIR was got registered by the complainant at the Police Station. Copy of the said FIR is appended as Annexure P-1. It cannot be disputed that offences, which are alleged to have been committed by the petitioners are non-cognizable and therefore, the FIR could not have been registered. In any case, prior to the registration of the FIR, the entries in the Births and Deaths register in the office of the Registrar, Births and Deaths, Moga were got corrected by the petitioner No.1 and the same was corrected by incorporating the name of the complainant-Rajinder Kaur in place of Manjit Kaur vide order No.682 dated 29.05.2003 leading to the issuance of the revised correct birth certificate dated 30.05.2003 (Annexure P-2). Further during the pendency of the present petition, complainant-Rajinder Kaur has expired. Keeping in view the totality of the facts and circumstances of the case and in the light of the contentions raised by the counsel for the petitioner, the present petition deserves to be allowed. CRM No.M-26821 OF 2009 (O&M) -3- Ordered accordingly. FIR No.164 dated 15.08.2004 (Annexure P-1) registered under Sections 465, 466, 120-B IPC at Police Station City Moga, District Moga along with all consequential proceedings arising therefrom are hereby quashed. 06.12.2011 (AUGUSTINE GEORGE MASIH) adhikari JUDGE