Jetun v. State Of Punjab And Others

CRWP-7760-2023 (O&M) 2023:PHHC:102567

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP-7760-2023 (O&M) Date of decision: 07.08.2023 Jetun ....Petitioner versus State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Gursewak Singh, Advocate for petitioner.

Mr. Dhruv Dayal, Additional AG Punjab.

***** ARUN MONGA, J. (ORAL) This is a petition under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') seeking issuance of direction to official respondent No.2 to protect the life and liberty of petitioner and her children from the hands of private respondents.

2.

Learned counsel for the petitioner submits that petitioner is a destitute woman. Her marriage was solemnized with Liyakat Ali in the year 2013, out of this wedlock 2 sons and 01 daughter were born. When the petitioner started objecting to the relationship of her husband with his sister-in-law, the family started abusing the petitioner. They had given beating to the petitioner a number of times. Petitioner was turned out of the house with her children. Learned counsel for the petitioner submits that petitioner submitted a representation dated 17.05.2023 (Annexure P-1) to respondent No.2-Senior Superintendent of Police, District Hoshiarpur, but to no avail. Hence, the instant petition. 3.

Notice of motion.

4.

Mr. Dhruv Dayal, Additional AG Punjab appears on service of advance copy of petition and accepts notice on behalf of State of Punjab. VANDANA 2023.08.16 18:28 I attest to the accuracy and integrity of this document

CRWP-7760-2023 (O&M) 2023:PHHC:102567 5.

In my opinion, the petitioner ought to have availed other available legal remedies for redressal of her grievance, before directly approaching this Court. Ordinarily, in case of a grievance arising out of non-registration of an FIR, the aggrieved person can seek recourse to remedy of approaching Superintendent of Police under Section 154(3) Cr.P.C. or any other competent police officer per Section 36 Cr.P.C. Even thereafter, if grievance is yet unmitigated, one can then take judicial recourse by approaching a Magistrate of competent jurisdiction under Section 156(3) Cr.P.C. Not only that, an aggrieved party can choose to file a criminal complaint under Section 200 Cr.P.C., if so advised. Reference may be had to Apex Court judgment in Sakiri Vasu versus State of U.P and others1. 6.

In the premise, instant petition is dismissed. The petitioner is, however, at liberty to approach the appropriate forum for redressal of her grievance, as aforesaid.

7.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE 07.08.2023 vandana Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2023.08.16 18:28 I attest to the accuracy and integrity of this document