Parampreet Kaur And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-17236-2025 (O&M) Date of decision: 28.03.2025 Parampreet Kaur and others ....Petitioners

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Gurpreet Singh, Advocate and Mr. Mohit Giri, Advocate for the petitioners.

Mr. Subhash Godara, Addl. A.G., Punjab.

HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short 'BNSS, 2023') (erstwhile Section 482 Cr.P.C.) is for quashing of FIR No.0122 dated 14.12.2024 registered under Sections 318(4) and 61(2) of BNS, 2023 at Police Station Sanaur, District Patiala, and all other consequential proceedings arising therefrom.

2.

Learned counsel for the petitioners, inter alia, contends that the FIR (supra) was registered at the instance of complainant Simarpreet Singh, who filed a complaint against his wife, Parampreet Kaur, and her family members, including her father Simranjit Singh, maternal grandfather Jagtar Singh, uncle Fateh Singh, and mediator Mahar Singh. He alleges that after marrying Parampreet on 12.12.2020, his wife initiated frequent disputes with him and his family members, raising a

demand to live separately and after a quarrel with her mother, she even attempted suicide on 27.10.2022. Parampreet also physically assaulted the mother of the complainant, who had recently undergone knee surgery, and damaged household items. The complainant also alleged that Parampreet had run away with another man in the year 2019. Later on, a false case of dowry was filed by Parampreet's family, which was later dismissed. Despite this, Simarpreet and his family members have faced continuous harassment through legal proceedings initiated by Parampreet's family including another case for maintenance. The complainant also alleged that a mediator, Meher Singh, had knowledge about Parampreet's behavior but he kept it hidden. Subsequently, the FIR (supra) was registered.

3.

Learned counsel for the petitioners submits that the petitioners would be satisfied in case all the documents, which are annexed with the present petition, are considered by the Investigating Officer before submitting the challan/final report under Section 193 of BNSS, 2023. He further submits that respondent No.2 has specifically made a request for getting the investigation of the case conducted through Deputy Superintendent of Police (Rural), Patiala, and he has no objection to this request if being granted.

4.

Notice of motion.

5.

On asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab, who is present in the Court, accepts notice on behalf of the respondent - State and submits that he has no objection, in case the

Investigating Officer is directed to consider all the documents, which are annexed with the present petition, before preparing the challan/final report under Section 193 of BNSS, 2023.

6.

I have heard learned counsel for the parties and perused the record of the case with their able assistance. 7.

Keeping in view the aforesaid facts and circumstances, the Senior Superintendent of Police, Patiala, is directed to hand over the investigation of the case to an officer of the rank of Superintendent of Police, who will dispassionately examine or conduct investigation. 8.

Accordingly, the present petition is disposed of with a further direction to the Investigating Officer to consider all the documents, which are annexed with the present petition, before preparing the final report under Section 193 of BNSS, 2023. 9.

It is clarified that in case, final report under Section 193 of BNSS, 2023, is against the petitioners, they would be at liberty to file afresh petition to challenge the FIR (supra) along with challan/final report under Section 193 of BNSS, 2023.

(HARPREET SINGH BRAR) JUDGE 28.03.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No