Criminal Misc. No. M- 12435 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 12435 of 2010 Date of decision:- 15.03.2011 Ramandeep Dhawan ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- None for the petitioner. Mr. Munish Kumar, AAG Punjab for respondent No.1-State. None for respondent Nos. 2 to 4. RITU BAHRI J.(Oral) This petition under Section 482 Cr.P.C. for quashing of order dated 21.4.2010 passed by the Judicial Magistrate 1st Class, Ferozepur (Duty) in case FIR No.17 dated 05.2.2010 under Section 302 IPC read with Section 34 IPC, registered at Police Station Cantt. Ferozepur (subsequently changed to Section 306 IPC). Brief facts of the case are that FIR No.17 dated 05.2.2010 was registered in Police Station Cantt, Ferozepur under Section 302 IPC read with Section 34 IPC on the statement of Ramandeep Dhawan. The allegation was that respondent Nos. 2 to 4 are the members of one family, had murdered his sister Sonia by strangulation. Thereafter a case was registered against Himanshu Nayyar (husband), Nikhil Nayyar (brother-in-law), Vibha Nayyar (mother-in-law) and Pardeep Nayyar (father-in-law) of the deceased Sonia. During the investigation an inquiry in FIR No.17 was entrusted to the Deputy Criminal Misc. No. M- 12435 of 2010 -2- Superintendent of Police. After a discrete and thorough inquiry, it was met out that Sonia (deceased) had committed suicide and not murdered, as alleged by the complainant. Respondent Nos.2 to 4 namely Pardeep Nayyar, Vibha Nayyar and Nikhil Nayyar were found to be innocent. It was recommended to convert the offence under Section 302/34 IPC into Section 306 IPC. Accordingly, accused Himanshu Nayyar (husband) was challaned under Section 306 IPC and the name of respondent Nos.2 to 4 placed in column No.2 of the report under Section 173 Cr.P.C. Vide order dated 21.4.2010, the Duty Magistrate, Ferozepur had released the respondent Nos.2 to 4 from judicial custody. As per the inquiry conducted, at the time of occurrence Vibha Nayyar (mother-in-law) of the deceased Sonia was at home and other accused were not present in the house. A suicide note of deceased Sonia was found, which was written by her as per the report of hand writing expert, who compared and match the hand writing of the deceased with the said suicide note. During the investigation, allegations of dowry and harassment to the deceased Sonia were not substantiated. Today, the matter was taken up for hearing. Counsel for the State on instructions from SI Ashwani Kumar informs the Court that on 17.2.2011 accused Himanshu Nayyar has been acquitted. In view of the above states facts, no further orders are required to be passed in this petition. Criminal miscellaneous petition is disposed of accordingly. March 15, 2011 ( RITU BAHRI ) Vijay Asija JUDGE