IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. 29310-M of 2009 DATE OF DECISION : FEBRUARY 1, 2010 MAJOR SINGH & ORS. ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ANR. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. NK Verma, Advocate, for the petitioner(s). Mr. Manoj Bajaj, Addl.AG, Punjab. Mr. TP Singh, Advocate, for respondent No.2. AJAI LAMBA, J. (Oral) This petition under Section 482, Code of Criminal Procedure, has been filed for quashing of FIR No.46 dated 1.4.2006 under Sections 498-A/506, Indian Penal Code, Police Station, Khamano, District Fatehgarh Sahib (Annexure P-1) and all consequent proceedings, on the basis of compromise. It transpires that the FIR was lodged at the instance of Balwinder Kaur, daughter of respondent No.2-Ajaib Singh. Respondent No.2 has sworn an affidavit, placed on record as Annexure P-3, to the effect that on account of temperamental differences between Balwinder Criminal Misc. No. 29310-M of 2009 2 Kaur and Major Singh and his family members, the FIR came to be lodged on 1.4.2006. It has further been mentioned that on 25.6.2007, when Balwinder Kaur was living with respondent No.2, she left the house and till date has not been traced. In fact, respondent No.2 has lodged FIR No.146 dated 22.9.2007 under Sections 306, 120-B, Indian Penal Code, Police Station, Morinda, against the petitioners. In para-2 of the affidavit sworn by respondent No.2, it has been stated that he is an old man of 67 years of age. On 13.6.2008, his wife died and on 5.3.2009, his elder son also passed away. Respondent No.2 does not want to pursue this litigation. Balwinder Kaur has not been traced even though more than 2 years have passed. Ajaib Singh, as identified by his counsel Shri T.P. Singh, Advocate, is present in court, and owns the affidavit (Annexure P-3) and contents given out therein. I have considered the issue. Considering the plea of respondent No.2 that Balwinder Kaur is not traceable since 25.6.2007; endorsement of respondent No.2 to the effect that there were temperamental differences between Balwinder Kaur and petitioner-Major Singh and, therefore, the FIR came to be lodged; respondent No.2 is not ready and willing to prosecute the petitioners as he is the only surviving person who can pursue the litigation; continuance of proceedings shall not bring the matter to any logical end and it shall be abuse of process of court if the matter is kept pending, this petition is allowed. FIR No.46 dated 1.4.2006 under Sections 498-A/506, Indian Criminal Misc. No. 29310-M of 2009 3 Penal Code, Police Station, Khamano, District Fatehgarh Sahib (Annexure P-1) and all consequent proceedings, are hereby quashed. February 1, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?