High Court of Punjab and HaryanaCRM-M/36169/2019disposed of

Kamla Devi And Another v. State Of Punjab And Others

2020-02-10Mr. Justice Arvind Singh Sangwan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-36169-2019 Date of Decision : February 10, 2019 Kamla Devi and another .....Petitioners

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Ashish K. Gupta, Advocate for the petitioners.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for issuance of appropriate directions to the official respondents to take appropriate action on DDR No.24 dated 9.6.2016 (Annexure P-10) and DDR No.15 dated 25.6.2017 (Annexure P-9) and further to register the cross case in FIR No.122 dated 21.6.2016 under Sections 451, 323, 447, 511, 506, 34 IPC, registered at Police Station, Dera Bassi, District Mohali. Reply by way affidavit of Deputy Superintendent of Police, Sub Division, Dera Bassi, District S.A.S. Nagar, Mohali is on record and in para 7 of the affidavit it is stated as under :- "xxx xxx xxx 7.

That it is respectfully submitted here that as both the parties are related to each other and the whole dispute is with regard to property o respondent No5, both the parties kept on indulging into altercations and fights with each other. Apart SATISH KUMAR 2020.02.11 16:26 I attest to the accuracy and integrity of this document

CRM-M-36169-2019 -2from the present FIR No.122 dated 21.6.2016 registered against the petitioner No.2, her husband Gurcharan Singh, another FIR No.151 dated 4.6.22018 was registered under Sections 325, 323, 341, 506, 34 IPC at Police Station Dera Bassi on the statement of Gurcharan Singh against Dharampal/respondent No.6, Sourav/respondent No.8 and cross-case was also registered under Sections 323, 341, 506, 34 IPC against aforementioned Gurcharan Singh and his son Harpreet Singh on the basis of statement of Dharampal/respondent No.6. The police have also taken preventive action under Sections 107/151 Cr.PC. vide DDR No.25 dated 19.8.2019 against both the parties for ensuring peace and maintenance of law and order."

Learned State counsel, thus, submitted that the police is taking appropriate preventive action with regard to maintaining the peace and since there is a dispute regarding the property and the same is purely of civil nature. There is no representation on behalf of the petitioners. In view of the same, this petition is rendered infructuous and the same stands disposed of as such.

However, liberty is granted to the petitioner to file a complaint before the competent Court of law as a cross-version, if so advised. ( ARVIND SINGH SANGWAN ) February 10, 2020 JUDGE satish Whether speaking/reasoned : YES / NO Whether reportable : YES / NO SATISH KUMAR 2020.02.11 16:26 I attest to the accuracy and integrity of this document