JUDGMENT Mr. L.N. Mittal, J. (Oral) - Accused Kulwant Rai has filed this petition under section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) for quashing criminal complaint no. 116 dated 27.7.2009, Annexure P/4 instituted by respondent-complainant Sanjeev Nagi against the petitioner under sections 323, 500 and 506 IPC and also quashing of summoning order dated 13.5.2011 Annexure P/5 passed by learned Chief Judicial Magistrate thereby summoning the petitioner for offences under sections 323 and 506 IPC. 2. Petitioner’s daughter Kusum Lata was married with the respondent. The respondent was working as Summary Clerk in the Court of Chief Judicial Magistrate, Rupnagar. He sold away 27 summary traffic challans for which he was charge sheeted and was ultimately dismissed from service. Matrimonial dispute also arose between respondent and his wife i.e. petitioner’s daughter. Petitioner’s daughter filed divorce petition against the respondent. After dismissal from service, the respondent was working as Typist with an Advocate in Court Complex, Mohali. 3. On 16.6.2009, the petitioner went to serve summons of the divorce petition on the respondent-complainant in Court Complex, Mohali. Version of the complainant is that the petitioner was accompanied by two other persons and they beat the complainant with slipper and kick and fist blows. He was also threatened with dire consequences. 4. I have heard learned counsel for the parties and perused the case file. 5. Counsel for the petitioner contended that for the same occurrence, the petitioner was challaned under sections 107 and 151 Cr.P.C. and has since been discharged vide order dated 19.6.2009, Annexure P/3. It was also pointed out that vide ex-parte judgment and decree dated 31.8.2009 Annexure P/6 passed in divorce petition filed by petitioner’s daughter, her marriage with the respondent has been dissolved by ex-parte decree of divorce. It was also submitted that the petitioner is an old handicapped person aged 60 years. 6. On the other hand, counsel for the respondent contended that the respondent-complainant was thrashed in the Court Complex by the petitioner and his companions. Reference was made to copy of newspaper Annexure R/2 containing photographs including photograph with slipper allegedly in the hand of the petitioner. However, in one photograph the petitioner is seen lying down being helped by a police official as submitted by counsel for the respondent. 7. Reference was made to copy of newspaper Annexure R/2 containing photographs including photograph with slipper allegedly in the hand of the petitioner. However, in one photograph the petitioner is seen lying down being helped by a police official as submitted by counsel for the respondent. 7. For the same occurrence, the petitioner was challaned under sections 107 and 151 Cr.P.C. and has since been discharged in the said case with instructions not to disturb the peace and amity. Substantive offence alleged in the complaint is under section 323 IPC only which is not a serious offence. The petitioner is admittedly handicapped person and is an old person. The occurrence took place almost four years ago. Root cause of the occurrence has come to an end because marriage of petitioner’s daughter with respondent has since been dissolved by decree of divorce Annexure P/6 which has not been challenged by the respondent as submitted by counsel for the respondent. 8. In the aforesaid circumstances, the entire matter should be given a decent quite burial by exercising inherent power under section 482 Cr.P.C. Continuation of prosecution of the petitioner would be exercise in futility and would result in miscarriage of justice. 9. Accordingly, exercising inherent power under section 482 Cr.P.C., the instant petition is allowed. Impugned criminal complaint Annexure P/4 is quashed along with all consequential proceedings arising therefrom including summoning order Annexure P/5. ---------0.B.S.0------------