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2020 Supreme(P&H) 1621

SANJAY KUMAR
Parmeshwari Devi – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Vikas Bahl, Advocate, Drishtana Singh, Advocate, Palak Jain, Advocate, Gaurav Garg Dhuriwala, Advocate, Puneet Sharma, Advocate

JUDGMENT

Sanjay Kumar, J. - The first petitioner herein is the mother of the second petitioner and the mother-in-law of the second respondent. By way of this petition under Section 482 Cr.P.C., the mother and son seek quashing of the second respondent's Complaint No.2 of 08.01.2009 filed against them and some others under Sections 307, 452, 323, 148 and 149 IPC. They also challenge the order dated 19.03.2012 passed thereon by the learned Sub-Divisional Judicial Magistrate, Sunam, summoning all the accused to face trial for offences punishable under Sections 452, 323, 148 and 149 IPC.

2. By order dated 05.07.2013, this Court noted the contention of the petitioners that a compromise had been effected between the parties but despite the same, the second respondent had pursued the subject complaint and got the summoning order issued to the petitioners, thereby misusing the process of law. This Court also took note of their contention that an earlier FIR relating to the same events had been mentioned in the complaint but the same was not taken into consideration by the learned Magistrate, while passing the summoning order. This Court accordingly directed the trial Court to adjourn the ca

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