Criminal Misc. No.M-18496 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-18496 of 2009 Date of decision : 23.11.2009 Sowinder Singh and others ....Petitioners Versus The State of Punjab ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. A.K.Walia, Advocate for the petitioner Mr. Sudhir Nehra, Addl.Advocate General, Punjab S. D. ANAND, J. Reply filed by the respondents in Court today is taken on record. In this petition for quashment of FIR (No.15 dated 21.2.2007 under Sections 304-B/498-A/34 IPC, Police Station, Kotwali, Nabha), the following facts appear to be beyond the pale of controversy:- The deceased lady left a suicide note, in the course whereof she did not blame any one for her death. She made a categorical averment, in the course thereof, that it is her own decision to end her life and none including her parents-in-law or any one else is accountable for it in any way. The Investigating Agency was not able to collect any other evidence which could nail the petitioners-accused. The police of Police Station Kotwali, Nabha, forwarded the case to the learned Illaqa Magistrate for cancellation. On being notified of the police request, father of the Criminal Misc. No.M-18496 of 2009 -2- **** deceased-lady appeared before the learned Sub Divisional Judicial Magistrate, Nabha and made a statement nodding assent with the cancellation report. However, inspite thereof, learned Sub Divisional Judicial Magistrate, Nabha declined the police request on the premise that the allegations pertained to non compoundable offence. In view of the conceded factual position, the impugend order granted by the learned Sub Divisional Judicial Magistrate, Nabha, cannot be validated. It is pure and simple plea wherein the Investigating Agency had not been able to lay its hands upon any material to implicate the petitioners, particularly when the deceased lady left a suicide note exonerating everybody of having anything to do with her death. It was in the light of the contents of the suicide note and their inability to find out any incriminating evidence that the Investigating Agency forwarded a request for cancellation of the case. In that view of things, it was inappropriate for the learned Sub Divisional Judicial Magistrate, Nabha, to decline the acceptance of the police request. The petition shall stand allowed. The FIR (No.15 dated 21.2.2007 under Sections 304-B/498-A/34 IPC, Police Station, Kotwali, Nabha) shall stand quashed. Disposed of accordingly. November 23, 2009 (S. D. ANAND) Pka JUDGE