IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Criminal Misc. No. M-9642 of 2008 Date of decision : April 21, 2008 Anil Kumar -Petitioner Vs. State of Haryana and others -Respondents CORAM : Hon'ble Mr. Justice Rajesh Bindal Present: Mr. P.R.Yadav, Advocate, for the petitioner. Rajesh Bindal J The allegation made in the FIR, which was registered on the basis of dying declaration of Pinky is that the petitioner had entered into her house when she was alone. When her brother came there, on seeing the petitioner he started rebuking her. He also gave beatings to his sister. Thereafter she committed suicide by burning herself. Counsel for the petitioner submits that the ingredients of Section 451 IPC are not made out. He has referred to the decision in Smt. Mathri and others vs. State of Punjab, AIR 1964 Supreme Court 986. The fact is not disputed that the petitioner had entered the house of the deceased Pinky when she was alone, which was seen by her brother and that after threshing by her brother on the occurrence, she committed suicide by burning herself. In the totality of the circumstances, I do not deem it to be a fit case for quashing of the FIR at the initial stage when the investigation is still going on. The FIR was registered merely on the basis of dying declaration. The judgment relied upon has no application in the facts of the present case as the issue therein was examined after conviction in regular appeals and the same was not Criminal Misc. No. M-9642 of 2008 -2- a case of quashing of FIR. The petition is dismissed. [Rajesh Bindal ] Judge April 21, 2008 `ask'