CRM No. M-22915 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-22915 of 2009 (O&M) Date of decision: 04.11.2009 Lakhwinder Singh alias Kala ...Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sandeep Arora, Advocate, for the petitioner. Rajan Gupta, J (oral). This is a petition under Section 482 Cr.P.C. seeking quashing of the FIR bearing No.175 dated 14th September, 2009, under Sections 363, 366, 120-B IPC, registered at Police Station Sadar, Batala, Police District Batala, District Gurdaspur. The FIR was lodged by Surta Singh stating therein that he had married his adopted daughter Amarjit Kaur with Waris Masih. On 3rd September, 2006, she had come back from her matrimonial home to meet her parents. However, she was kidnapped by Lakhwinder Singh alias Kala (petitioner) in connivance with his mother Shibo and father Murta Singh. Learned counsel for the petitioner has prayed for quashing of the FIR on the basis of an affidavit allegedly sworn by the prosecutrix Amarjit Kaur to the effect that the petitioner and his parents had been wrongly implicated in the instant case. The affidavit has been annexed CRM No. M-22915 of 2009 2 to the petition as Annexure P-3. I have heard learned counsel for the petitioner and perused the records annexed with the petition. The FIR was lodged way back in the year 2006. The petitioner never submitted to the process of law. He was, thus, declared a proclaimed offender in the instant FIR (as stated in para 8 of the petition). In my considered view, no ground is made out for quashing of the FIR in the inherent jurisdiction of this court. The affidavit of the prosecutrix, relied upon by the petitioner, cannot be the basis for quashing. The matter can only be decided after evidence is led before the trial court. Learned counsel for the petitioner has not been able to show whether prosecutrix has been examined before the trial court till date or not. He has only sought quashing of the FIR on the basis of affidavit, Annexure P-3, allegedly sworn by the prosecutrix, exonerating all the accused mentioned in the FIR. I find no ground for quashing the FIR on the basis of the said affidavit in inherent jurisdiction of this court. The petition is devoid of merit and is hereby dismissed. (RAJAN GUPTA) JUDGE November 04, 2009 'rajpal'