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High Court of Punjab and HaryanaCRM-M/15885/2024disposed of

Simranjeet Kaur Alias Goldy And ANR v. State Of Punjab

2024-04-02Mr. Justice Gurvinder Singh Gill2 pages

2024:PHHC:043636 In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-15885-2024 (O&M) Date of Decision:-2.4.2024 Simaranjeet Kaur @ Goldy and another ... Petitioners

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Amarjeet Singh Prajapati, Advocate for the petitioners. ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioners seek quashing of FIR No.101, dated 17.12.2019 registered at Police Station Fatehgarh Churian, Police District Batala, District Gurdaspur, under Sections 306 and 506 of Indian Penal Code and all subsequent proceedings emanating therefrom.

2.

The petitioners also assail order dated 28.1.2022 (Annexure P-3) passed by learned Judicial Magistrate 1st Class, Batala vide which the learned trial Court refused to accept the cancellation report submitted by the Investigation Agency and directed further investigation in the matter. 3.

Upon a query made by this Court, learned counsel for the petitioners informed that pursuant to passing of impugned order dated 28.1.2022 (Annexure P-3), the Investigating Agency has not filed any fresh report under Section 173 Cr.P.C.

Pankaj Kakkar 2024.04.02 15:47 I attest to the accuracy and authenticity of this document

CRM-M-15885-2024 (O&M) ( 2 ) 2024:PHHC:043636 4.

Having heard learned counsel for the petitioners, this Court is of the opinion that since the matter is still under investigation pursuant to issuance of directions by the trial Court for conducting further investigation, which had been issued at the time when the cancellation report was not accepted, the present stage is not such, which would warrant quashing of the FIR. The instant petition, as such, is disposed off with a direction to the Investigating Agency to expedite the conclusion of investigation, so that a final report under Section 173 Cr.P.C. is submitted thereafter at the earliest. 5.

Needless to mention, all the relevant facts including statements of all those concerned with the factual matrix of the case would be taken into account while submitting a fresh report under Section 173 Cr.P.C. 2.4.2024 ( Gurvinder Singh Gill ) geeta/p Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.04.02 15:47 I attest to the accuracy and authenticity of this document