High Court of Punjab and HaryanaCRM-M/34177/2016disposed of

Pratima Sharma & ORS v. State Of Punjab & ORS

2016-09-26Mrs. Justice Raj Rahul Garg2 pages

CRM-M-34177-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34177-2016 Date of Decision:- 26.09.2016 Pratima Sharma and others ....Petitioners

Versus

State of Punjab and others ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. L.M. Gulati, Advocate, for the petitioners.

**** RITU BAHRI, J. (Oral) Learned counsel submits that marriage between petitioner No.1 and Harinder Singh (son of respondent No.4) took place on 13.12.2009. After marriage, Harinder Singh was residing at Australia. It was agreed between the family members that petitioner No.1 take divorce so that she can go to Australia. In this background, ex-parte divorce has been granted, vide decree of divorce dated 02.01.2016 (Annexure P-3). However, at the same time, an FIR No.93 dated 27.06.2016 (Annexure P-5) got registered against the petitioners by respondent Nos.4 in connivance with respondent No.5 with the allegations that their family was unaware of the factum of filing of the divorce petition. In that FIR, petitioner No.1 and her family members have been released on bail and trial is at the final stage. Moreover, now respondent No.4 started moving complaints against the petitioners to Naresh Kumar 2016.10.04 10:23 I attest to the accuracy and integrity of this document Chandigarh implicate them in a false case and they are being called at police station

CRM-M-34177-2016 -2without giving any details of the complaints. A representation in this regard has been made by petitioner No.1 to the Commissioner of Police, Amritsar City but till date no action has been taken thereon.

In view of above, without commenting on the merits of the case, this petition is disposed of with a direction to the Commissioner of Police, Amritsar (respondent No.2), to give seven days prior notice to the petitioners, in case, they are required in any complaint/enquiry, in accordance with law.

September 26, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.10.04 10:23 I attest to the accuracy and integrity of this document Chandigarh