SHAM LAL AND ANOTHER Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2011-4-399
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 05,2011

Sham Lal And Another Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

Nirmaljit Kaur, J. - (1.) This is a petition under Section 482 Criminal Procedure Code for quashing of FIR No. 160 dated 03.12.2010 under Section 306 Indian Penal Code, P S Moga Sadar (Annexure P-1) which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 19.02.2011 arrived at between the parties. Copy of the same has been placed on record as Annexure P-2.
(2.) The complainant as well as other legal heirs (wife, son and two daughters) are present in Court along with counsel and have filed their CRM No. M 7438 of 2011 respective affidavits in Court today, stating therein, a written compromise has been effected between them and they do not want to take any action against the petitioners. It has also been stated by them that they have no objection if the said FIR is quashed.
(3.) FIR No. 160 dated 03.12.2010 under Section 306 Indian Penal Code, P S Moga Sadar, District Moga was got registered by respondent o. 2 against the petitioners on the allegation that the father of respondent No. 2, namely, Sukhchain Singh committed suicide as the petitioners were not returning his and his family's money which they have to recover from the petitioners. From the reading of the FIR, no offence under Section 306 Indian Penal Code is made out against the petitioners. Section 306 Indian Penal Code relates to the abetment of suicide and abetment has been defined under Section 107 Indian Penal Code and perusal of the provisions of Section 107 Indian Penal Code shows that there is no abetment on the part of the petitioners in the present case.;


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