High Court of Punjab and HaryanaCWP/16267/2021disposed of

Daljit Kaur v. State Of Punjab And ORS

2021-11-09Mr. Justice Raj Mohan Singh8 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 09.11.2021 Daljit Kaur -Petitioner

Versus

State of Punjab and others -Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Dr. Payel Mehta, Advocate, for the petitioner.

Mr. T.P.S. Chawla, D.A.G., Punjab.

**** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video conferencing.

Petitioner seeks issuance of an appropriate writ, order or direction especially in the nature of mandamus seeking dismissal of subsequent multiple enquiries being conducted by the respondents and also a writ in the nature of quo warranto seeking explanation from the respondents under what authority they are conducting multiple enquiries upon complaints containing repeated allegations.

On 23.08.2021, on the basis of advance notice, learned State counsel sought time to have instructions.

-2Status report by way of affidavit of Sukhwinderpal Singh, PPS, Deputy Superintendent of Police, Jandiala Amritsar Rural has been filed on behalf of respondent No.1 in which paras no.3 and 6 are to the following effect:- "3.

That it is respectfully submitted that thereafter applications bearing no.1186-AP, dated 30.09.2020 and 4128-PP, dated 2.9.2020 were given by present Petitioner Daljeet Kaur, her husband Harjinder Singh and Kulwinder Kaur, mother Jakaran Kaur against each other to the Senior Superintendent of Police, Amritsar Rural and Additional Chief Secretary (Home Department), Punjab. These applications were marked to the Deputy Superintendent of Police, Sub Division Jandiala Guru, Amritsar Rural, who conducted a detailed enquiry from both the parties. During the course of enquiry, it was revealed that enquiry into the aforesaid application no.206-PP, dated 12.06.2020 had already been conducted by In-charge Women Cell (1) Amritsar Rural, during which the allegations of demand of dowry were not proved. Therefore, taking into account the same, the

-3Deputy Superintendent of Police, Jandiala Guru, Amritsar vide his report (Annexure P2) had recommended to file and consign the applications to record room and in pursuance thereto the same were filed and consigned to record room.

That it is respectfully submitted that in view of the submissions made hereinabove, it transpires that in the present matter, first application was given by Kulwinder Kaur, mother of Jaskaran Kaur against the petitioner and her family members, which was enquired into by the In-charge Women Cell-1, Amritsar Rural and it was filed and consigned to record room. Therefore, all the subsequent applications given by Kulwinder Kaur and Jaskaran Kaur against the petitioner and her family members have been filed and consigned to record while taking into account outcome of the enquiry into the first application of Kulwinder Kaur. It is pertinent to mention here that the subsequent applications given by Kulwinder Kaur and Jaskaran Kaur did not find mention reference about the first

-4application of Kulwinder Kaur, hence the enquiry officers had to call the petitioner and her family members for the purpose of verification of the allegations being levelled in these applications against them. However, as and when the fate of the first similar enquiry was brought to notice of the subsequent enquiry officers by the petitioner, the fresh applications given against the petitioner and her family members, have also been filed and consigned to record room while taking into account result of the first application. As such no violation of the order dated 01/04/2008 (Annexure P/6) of the Director General of Police, Punjab, Chandigarh and the intent expressed by this Hon'ble High Court in judgment dated 12.01.2009 of case titled Jaswinder Singh Vs State of Punjab and others bearing No.CRM-M-18244-2008, has been caused in the present matter."

Second short reply has also been filed by way of affidavit of Kawaldeep Kaur, PPS, Deputy Superintendent of Police, NRI Wing, Amritsar on behalf of respondents No.2 and

3. Paras no.2,3 and 4 of this reply are to the following effect:-

-5- "2.

That it is respectfully submitted that the deponent is filing the present affidavit on the basis of report obtained from SHO of Police Station NRI, Amritsar with regard to the contentions being raised in the present petition by the petitioner.

That as per report furnished by SHO PS NRI, Amritsar, it has been revealed that Jaskeerat Kaur-daughter-in-law of the petitioner had sent an application bearing UID No.1808407, dated 23.06.2020 through email from abroad to the Additional Director General of Police, NRI Wing, SAS Nagar against her inlaws family (petitioner). This application was sent to the Assistant Inspector General of Police, NRI, Amritsar for verification of facts and report. The enquiry into this application was entrusted to SHO PS NRI, Amritsar.

That the detailed enquiry into the above application was conducted in a fair and impartial manner by SHO of Police Station NRI, Amritsar. On the basis of the detailed enquiry conducted, the allegations levelled in her application by

-6Jaskaran Kaur against the petitioner and others, were not substantiated and it was further revealed during the course of the enquiry that one application bearing no.2066/PP, dated 20.06.2020 had already been given with regard to the same subject to the Senior Superintendent of Police, Amritsar Rural by Kulwinder Kaur mother of Jaskaran Kaur. The enquiry into the same was conducted by SHO PS Women Cell-1, Amritsar Rural and the same had been consigned to record as the allegation levelled therein with regard to demand of dowry or causing harassment were not substantiated. Therefore, on the basis of enquiry report submitted by SHO PS NRI, Amritsar and Assistant Inspector General of Police, NRI, Amritsar, the aforesaid application UID No.1808407, dated 23.06.2020 was filed and consigned to the record room. Thereafter neither any fresh application has been received from Jaskaran Kaur or her family members against the petitioner and her family members nor has any fresh enquiry been conducted by

-7NRI Wing, Amritsar. As such no violation of the order dated 01/04/2008 (Annexure P/6) of the Director General of Police, Punjab, Chandigarh and the intent expressed by this Hon'ble High Court in judgment dated 12.01.2009 of case titled Jaswinder Singh Vs State of Punjab and others bearing No.CRM-M-18244-2008, has been caused in the present matter. Therefore, the present petition is liable to be dismissed." Apparently, as per stand taken by State, detailed enquiry has also been made in the context of allegations raised by both the parties. The allegations levelled by Jaskaran Kaur against the petitioner and others have not been substantiated. With reference to the detailed enquiry conducted by the police, it has been submitted that in view of enquiry report submitted by S.H.O.

, Police Station NRI, Amritsar and Assistant Inspector General of Police, the application dated 23.06.2020 was consigned to record room. Thereafter, neither any fresh application was received from Jaskaran Kaur or her family members against the petitioner and her family members nor has any fresh enquiry been conducted by NRI Wing.

-8of Police, NRI Wing, Amritsar, learned counsel for the petitioner submits that this petition be disposed of as such as there is no further grievance left in the petition, however, respondents be directed not to entertain any further complaint on the same set of allegations.

Though no such blanket direction can be issued in the absence of such complaint filed by any of the parties, but in any case, the respondents shall proceed to take any lawful action on due verification of facts in future. Disposed of.

09.11.2021 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No