High Court of Punjab and HaryanaCOCP/132/2018dismissed

Virpal Kaur And ANR v. Beant Singh Juneja And ANR

2018-02-14Mrs. Justice Raj Rahul Garg2 pages

COCP 132/2018

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH COCP 132/2018 Date of decision:14.02.2018.

Virpal Kaur and another ..............Petitioners v.

Beant Singh Juneja and another ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Preetwinder Singh Dhaliwal,Advocate for the petitioners Jaswant Singh,J,(Oral).

Two petitioners are accused in case FIR No.267 dated 1.12.2014 under Sections 323,341,324,506,34 IPC registered at PS Division NO.5, Civil Lines,Distt.Ludhiana. There was a matrimonial dispute between Virpal Kaur petitioner no.1 and her now ex-husband Tarlochan Singh and the incident is alleged to have happened during the matrimonial proceedings before the Court on the said date. The FIR was lodged by Parminder Kaur, Nanad (sister-in-law) against petitioners Virpal Kaur and her father Kulwant Singh for hurling abuses and causing injuries to her. Since the investigations were leading nowhere, complainant Parminder Kaur filed CRM-M 18657/2015 seeking a direction for conduct of free and fair investigation. The said petition was disposed of vide order dated 1.3.2016 on the statement of ASI Swaran Singh that after thorough investigation a cancellation report has been prepared and was likely to be presented before the Illaqa Magistrate concerned. It transpires that Rajinder Parshad Joshi 2018.02.14 18:07 I attest to the accuracy and integrity of this document

COCP 132/2018 subsequently on further investigation, the cancellation report prepared was not accepted and a challan has been presented on 13.10.2017 and is now stated to be listed for framing of charges. The accused Virpal Kaur and her father has filed the instant contempt seeking action against SHO and ASI concerned for violating their undertaking with respect to presentation of cancellation report. It cannot be disputed that even in the cancellation reports produced before this Court the same were subject to approval of the higher officials. It has been conveyed that there was a further investigation leading to rejection of the cancellation report and filing of challan. Petitioners-accused, no doubt, would have the full opportunity to seek adducing of the said cancellation reports during their evidence in the criminal trial.

At the time of hearing counsel for the petitioners prays for permission to withdraw the instant petition.

Dismissed as withdrawn.

14.02.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2018.02.14 18:07 I attest to the accuracy and integrity of this document