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2012 DIGILAW 1713 (PNJ)

Sarabjeet Kaur v. State of Punjab

2012-12-03

M.M.S.BEDI

body2012
M. M. S. Bedi, J.— (ORAL) This order will dispose of the above noted two petitions one filed by Sarabjeet Kaur and another by Jagdeep Kaur for quashing of FIR No. 82 dated 23.8.2011, under Sections 307 & 120-B IPC read with Sections 25, 27, 54 & 59 of Arms Act, registered at Police Station, Ghanie Ke Bangar, District Gurdaspur. The said FIR was registered by SI Harjinder Singh alleging that the police party had received a secret information that Kuljit Singh alias Billa was having unauthorised arms and he was wanted by the police in many cases. He was present at the house of Jajbir Kaur with unauthorised arms and could be apprehended. When the police party reached the house of Jajbir Kaur, he was present along with Sarabjit Kaur petitioner wife of Sh. Fateh Singh. The petitioners i. e., mother and daughter came outside the house along with Kuljit Singh @ Billa who was having a rifle 315 bore in his left hand and a revolver in the right hand. The petitioners stated in one voice that Billa should fire at the police party and should not bother about them and should go in. When the police party went forward to catch Kuljit Singh, he succeeded in running away from the spot by taking benefit of darkness by firing at the police party with an intention to kill on the instigation of both the petitioners. The petitioners seek quashing of above said FIR on the ground that even if the allegations are believed to be correct, no offence is made out against them. I have heard the learned counsel for the petitioners as well as the State counsel and carefully gone through the record. It is a fact that the petitioner Sarabjit Kaur, mother had filed a petition bearing No. CRM-M-21689-2010 under Section 482 Cr. P. C., for registration of a case against Daljit Singh @ Billa alleging that he had made an attempt to commit rape on her daughter. The said petition was decided on 29.7.2010, with a direction to the Director General of Police, Punjab, to look into the allegations of the petitioner Sarajbjit Kaur in the said case. It has been informed that on enquiry, the complaint of the petitioner was found to be false and no action was taken by the police. The said petition was decided on 29.7.2010, with a direction to the Director General of Police, Punjab, to look into the allegations of the petitioner Sarajbjit Kaur in the said case. It has been informed that on enquiry, the complaint of the petitioner was found to be false and no action was taken by the police. It appears to be quite improbable that a lady who has been filing a petition before the High Court seeking a direction against a man for registering a case of rape would connive with said person and exhort him to fire at the police party. The main accused who had allegedly fired at the police party was not arrested from the spot. It will be a debatable issue during trial as to how he escaped in presence of the police party. It is a case of no injury. The offence, if any, stands committed by Daljit Singh @ Billa who is mentioned as Kuljit Singh in the FIR. He is in custody and facing trial. So far as the petitioners are concerned, it is not probable that both the petitioners spoke some words in one voice as attributed to them as per the FIR. The continuation of proceedings against the petitioners would be an abuse of process of the Court. I have carefully considered the facts and circumstances of this case in context to the law laid by Hon'ble the Apex Court in case State of Haryana and others Vs. Ch. Bhajan Lal & Ors. AIR 1992 SC 604 , and I am of the opinion that the story of the prosecution appears to be improbable in view of the order passed by the High Court Annexure P3 in CRM-M-21689-2010. Both the above said petitions are allowed. The above said FIR and all the criminal proceedings emanating therefrom are hereby quashed against the petitioner in both the petitions. The proceedings against the main accused Daljit Singh @ Kuljit Singh @ Billa, however, may continue, in accordance with law.