Crl. Misc No. M 14892 of 2009 (O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M 14892 of 2009 (O&M) Date of decision : December 22, 2009 Balbir Singh, ...... Petitioner (s) v. State of Punjab and another, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Ashok Singla, Advocate for the petitioner. Mr. Mehar Deep Singh, DAG Punjab for respondent No.1. Mr. Ravish Bansal, Advocate for respondent No.2. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) This is a petition for quashing of FIR No.88, dated 8.6.2008, registered under Section 306 of the IPC, at Police Station Nurmahal, District Jalandhar on the basis of compromise. It is not disputed that the wife of the petitioner died after consuming some poisonous substance after 15 years of the marriage. It is also not in dispute that there are two minor children from this wedlock. It Crl. Misc No. M 14892 of 2009 (O&M) ::2:: is further not denied that to ensure the security of these two minor children, some land has already been transferred in their names. I have also heard the complainant (father of the deceased) who is present in Court. He has stated that in the circumstances where the petitioner is looking after the children, he does not wish to continue with the prosecution. Counsel for the State of Punjab has, however, pointed out that this matter would not come strictly within the ambit of the judgment of this Court reported as Kulwinder Singh and others vs State of Punjab, 2007(3) RCR (Crl) 1052. No doubt it can be argued that the above judgment does not directly apply to the facts of the present case. However, keeping in mind the interest of the minors and the fact that in view of the compromise, the prosecution is not likely to succeed even if allowed to go on, I am of the considered opinion that the present is one of those exceptional cases where the FIR should be quashed. Consequently, this petition is allowed and FIR No.88, dated 8.6.2008, registered under Section 306 of the IPC, at Police Station Nurmahal, District Jalandhar as also subsequent proceedings emanating therefrom are quashed. As the main petition has since been allowed, all the pending civil miscellaneous applications, if any, also stand disposed of. Copy of this order be given dasti to counsel for the parties on payment of usual charges. ( AJAY TEWARI ) December 22, 2009. JUDGE `kk' Crl. Misc No. M 14892 of 2009 (O&M) ::3::