29.04.2025 Dat tioner v. (cid:1) CORAM : HON HON'BLE MR. JUSTICE NAMIT AMIT KUMAR
Case Details
CRM-M No.787 o.7871 of 2025 -1- IN THE HIGH IGH COURT OF PUNJAB AND H ND HARYANA AT CHANDIGAR GARH(cid:1) 275 (cid:1) Sachin Chauhan auhan CRM-M No.7871 of 2025 CRM Date of Decision:29.04.2025 Dat tioner ... Petitioner State of Punjab and another ... Responden ondents Versus (cid:1) CORAM : HON HON'BLE MR. JUSTICE NAMIT AMIT KUMAR
Legal Reasoning
Mr. Navneet Kumar, Advocate Present: Mr. for the petitioner. for t Mr. Yuvraj Singh Tiwana, AAG, Pu Mr. G, Punjab. Mr. Mr. Sarvjeet Singh Thakur, Advocat for respondent No.2. for r dvocate *** *** (cid:1) NAMIT KUMA UMAR, J. (ORAL) 1. The instant petition has been file The en filed under Section 528 BNSS f NSS for quashing of FIR of FIR No.35 dated 26.07.2023 regi registered under Section 376 IPC IPC at Police Station City Kurali, District SAS Nag Nagar (Annexure P-1) and all oth all other consequential pro tial proceedings arising therefrom. On the last date of hearing i.e. 11. On .e. 11.02.2025, the following order w rder was “The petitioner has filed the the instant petition under Section 528 of Bharatiya Nagarik Suraksha Sa of B a Sanhita, 2023 for quashing of of FIR No.35 dated 26.07.2023 registered u No.3 red under Section 376 of IPC at Pol Police Station City Kurali, District SAS Stat SAS Nagar (Mohali) and all oth l other subsequent proceedings arising ther subs therefrom. Learned counsel for the petit petitioner, inter alia, contends that hat the petitioner is the victim of extortion r petit h in ion racket run by Dilharjeet Singh in connivance with his wife Pardeep K conn ngh, ep Kaur and SHO Parminder Singh, 2. passed:- PANKAJ KUMAR 2025.05.01 10:48 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.787 o.7871 of 2025 -2- Police Station Kathgarh, District Ru Poli ct Rupnagar. Dilharjeet Singh and h nd his wife and their associates have been wife een booked in four FIRs, the details tails of which are as under :- whic Under Sectio ections Highlights in the FIR FIR Number/Date 222/06.10.2023 370, 370 370-A(2), ), 7(a) 376(2)(n), 7( of IPC & 67(b) of IP 233/13.10.2023 388, 389, 420 , 420 & f IPC 120-B of IPC 281/14.12.2023 388, 389 & 1 of IPC 15/23.04.2024 388 & 120- IPC harjeet the sed her ses on arjeet, hinoor t) and Rs.15 lainant g false The said Dilharj attempted rape with complainant and used h to file false rape cases innocent persons. The said Dilharje Pardeep Kaur, Abhino (son of Dilharjeet) a others extorted Rs. lakhs from complaina under threat of filing fa rape cases. Kaur, & 120-B The said Pardeep Ka ga gang Dilharjeet Kaur member Kuldeep Ka to pt in attempt involved sextortion case. The said Dilharjeet a his girl Sunaina extort the Rs.21,10,801/- complainant. et and xtorted of the t amount -B of m from and Sr. Sr. No. No. 1. 2. 3. 4. He has further placed relian eliance upon the order passed by t by this Court in CRM-M-28887-2024 titled Cou titled as Gurwinder Singh Vs State tate of Punjab in which notice of motion wa Pun n was issued for 21.08.2024 and filin filing of the challan was stayed. The said of th said petition was rendered infructuo tuous as the police has filed cancellation r ion report in the said case. Notice of motion. Mr. Yuvraj Singh Tiwana, A a, A.A.G., Punjab accepts notice tice on behalf of respondent No.1-State and beha and seeks time to file reply. Adjourned to 29.04.2025. S.H.O., through learned d State counsel, shall inform t m the pendency of the present petition a pend on and next date fixed therein to t to the complainant and file compliance rep com e report.” PANKAJ KUMAR 2025.05.01 10:48 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.787 o.7871 of 2025 -3- 3. A short reply by way of affidavit A sh idavit of Mohit Kumar Aggarwal, PP al, PPS, Deputy Superint perintendent of Police, Sub Divisio ivision Kharar-II, District SAS Nag S Nagar (Mohali) has bee as been filed on behalf of responden ondent No.1-State of Punjab wherein herein it has been stated a tated as under:- “7. That the investigation report “7. port of the then Deputy Superintende tendent of Police, Sub-Division Kharar-II, M of P II, Mullanpur, District SAS Nagar w ar was thoroughly perused and considered thor ered by the SSP, District SAS Nag Nagar and while agreeing with the same, and me, approved it with the direction tion to the SHO, PS City Kurali, District S the rict SAS Nagar to prepare and subm submit cancellation report canc in the pre present case/FIR No.35 supra). (supr Consequently, the cancellation rep Con report was prepared in the prese present case/FIR on 21.05.2024. Therea case ereafter, summons were issued ed on different dates to the complainant diffe ant to appear before the Ld. Court ourt of competent jurisdiction for presen com esentation of the final cancellati llation report, however, the complainant d repo nt did not come present before the L the Ld. Court because of which, the said Cou said cancellation report could not not be presented before the Ld. Court. It is pres . It is relevant to mention here that t hat the I.O. is making all possible efforts to I.O. rts to contact the complainant so as o as to present the said cancellation repor pres eport before the Ld. Court, howev wever, due to registration of FIR No. 281 due . 281 dated 14.12.2023 u/s 388, 38 8, 389, 120-B IPC against respondent No. 120 No. 2 and her accomplices at PS C S City Rupnagar, District Rupnagar, respo Rup espondent No. 2 is absconding and n nd not appearing before the Ld. Court for p app for presentation of cancellation rep report in the present case before the Ld. Co in th d. Court. In view of the facts and ci d circumstances narrated above, t ve, the deponent most humbly prays that depo that the present petition filed by t by the petitioner may kindly be disposed petit sed of, in the interest of justice. T e. The answering respondent undertakes t answ es to comply with any other order rder or direction which this Hon'ble Cou dire Court may pass, in the facts a ts and ” circumstances of the present case.” circ PANKAJ KUMAR 2025.05.01 10:48 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.787 o.7871 of 2025 -4- 4. Learned State counsel submits tha Lear its that the cancellation report shall shall be filed before the le e the learned trial Court within a period period of four weeks. 5. In this view of the matter, learned c In th rned counsel for the petitioner wishes ishes to withdraw the pre he present petition. 6. Dismissed as withdrawn. Dism April 29, 2025 Pankaj* ned Whether speaking/reasoned Whether reportable (NAMIT KUMAR) JUDGE : : Yes/No Yes/No PANKAJ KUMAR 2025.05.01 10:48 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh