- (1.) This is a petition under Section 482 of the Code of Criminal Procedure (for short, Cr.P.C.) for quashing complaint dated 16.2.1991 filed by Shri Mahla Singh son of Bhagwan Singh (respondent No.l) and order dated 7.10.1993 passd by the Judicial Magistrate 1st Class, Bathinda for summoning the petitioners in connection with the offence allegedly committed by them under Section 304-B and 306 of Indian Penal Code (for short, 'IPC').
(2.) A perusal of the record shows that Perminder Kaur @ Balwinder Kaur was married to petitioner No. 1 - Pushpinder Singh son of Makhan Singh on 5.3.1989. She died in the Civil Hospital Bathinda on 10.7.1990. On the basis of statement made by the brother, Shri Paramjit Singh, on 11.7.1990 First Information Report No. 13 dated 11.7.1990 was recorded of Police Station Thermal Plant, Bathinda for offence under Section 304-B of the IPC. After investigation, a report under Section 173 Cr.P.C. was filed against petitioner No.1 for commission of offence under Section 304-B IPC. By an order dated 19.11.1990, the Additional Sessions Judge, Bathinda framed charge against petitioner No. 1. He challenged that order by filing a petition under Section 482 of the Cr.P.C. which was registered as Criminal Miscellaneous No. 14686-B of 1990. A learned Single Judge allowed that petition on 26.5.1992 and quashed the proceedings subject to the following rider : "Nothing said or observed above would, however, debar the learned trial Court from considering desirability of altering/amending the charge to Section 306 of the Indian Penal Code or prejudice the proceedings allegedly initiated by the complainant party against the accused-petitioner or allegedly delinquent police officials on their complaints filed against them." In the meanwhile, respondent No.1 filed complaint dated 16.2.1991 in the Court of Judicial Magistrate First Class, Bathinda alleging that the petitioners had committed offence under Sections 304-B/306, 498/34, I.P.C. After recording the evidence of complainant as PW-1, Niranjan Singh, as PW-2, Paramjit Singh as PW-3. Bikkar Singh as PW-4 and Dr. Charanjit Garg as PW-5, the learned Judicial Magistrate passed order dated 7.10.1993 summoning the petitioners, who filed the present petition for quashing the complaint and summoning order.
(3.) While admitting the petition on 3.12.1993, this Court stayed the proceedings pending before the trial Court. However, on an application filed by respondent No.1 for vacation of the ex parte interim order, which was registered as Criminal Miscellaneous No. 14588 of 1994, the ad-interim order was modified on 14.11.1994 in the following terms : "The proceedings before the trial Court may go on but the final order be not passed till further orders." At the hearing, learned counsel for respondent No.1 made a statement that in the light of the observations made by the learned Single Judge in his order dated 26.5.1992 and the modified interim order passed in Criminal Miscellaneous No. 14588 of 1994, the trial Court converted the offence mentioned in First Information Report from Section 304-B to Section 306 of the IPC and the entire evidence has been recorded.;