Harsimranjit Singh And Others v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-42118-2021 (O&M) Date of Decision:-7.10.2021 Harsimranjit Singh and others ... Petitioners

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. TPS Teji, Advocate for the petitioners.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.237 dated 5.9.2020 registered at Police Station B-Division, Amritsar under Sections 306 and 34 of Indian Penal Code.

2.

The FIR was lodged at the instance of one Manjit Kaur, wherein she has stated that one Simranjit Kaur, who resides in the same locality, had levelled allegations against complainant's son Sukhwinder Singh @ Sajan that he used to follow her and used to harass her and on account of which the respectables of the area got the matter compromised amongst the parties. It is alleged that despite the said compromise the father and grandfather of Simranjit Kaur said unpleasant things to complainant's son and threatened to PANKAJ KAKKAR 2021.10.07 19:34 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-42118-2021 (O&M) eliminate him and on account of which the complainant's son got depressed and committed suicide.

3.

Learned counsel for the petitioners have submitted that the petitioners have falsely been involved in the instant case and that, in any case, even if the allegations as levelled in the FIR are taken to be correct, it is apparent that it was a self invited problem by the deceased, who had been teasing Simranjit Kaur. It has been submitted that the said factum would stand duly verified from the fact that when a compromise amongst the parties was effected, all the residents of the area had duly signed the compromise, wherein an assurance had been given that the deceased will not repeat the acts, which he had committed earlier. Learned counsel has submitted that the aforesaid position would clearly indicate that the petitioners cannot be said to have abetted the commission of suicide in any manner. 4.

Having heard the learned counsel for the petitioners and upon finding that challan has been filed but charges are yet to be framed, this Court deems it appropriate to dispose off the instant petition with liberty to the petitioners to raise all the pleas before the Trial Court as have been raised herein. In case, the aforesaid pleas are raised before the Trial Court, the Trial Court shall consider the same at the time of considering the framing of charges by passing a speaking order.

7.10.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.10.07 19:34 I attest to the accuracy and integrity of this document