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High Court of Punjab and HaryanaCRM-M/40193/2024disposed of

Nxxx v. State Of Haryana And Others

2024-09-05Ms. Justice Harpreet Kaur Jeewan3 pages

 Sr. No.116

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 05th September 2024 NXXX ........Petitioner versus STATE OF HARYANA AND OTHERS .......Respondents

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Saleem Ahmed, Advocate for the petitioner.

Mr. Amrik Singh Narwal, D.A.G., Haryana, assisted by P/SI Mamta, PS Women, NIT Faridabad. Mr. Akash Manocha, Advocate for Mr. G.B. Gilhotra, Advocate for respondents No.6 and 7.

HARPREET KAUR JEEWAN, J. (ORAL) 1.

The instant petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for taking appropriate action against accused/respondent No.7-Laxman Singh Sekhawat and for issuance of directions to respondents No.2 to 5 to decide the representation dated 06.03.2024 (Annexure P-7) and representation dated 01.04.2024 (Annexure P-8). 2.

Learned counsel for the petitioner inter alia contends that initially, FIR No.194 dated 07.12.2023 was registered under Sections 376(2)(n), 320, 506 IPC, 1860 and Sections 3, 33, 89 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Women Police Station, NIT Faridabad. During the course of investigation, respondent No.6 (accused in the said FIR) was arrested. However, respondent No.7-Laxman Singh (father of respondent No.6) executed an affidavit and ensured the petitioner that he would solemnize

 the marriage of his son (respondent No.6) with her. Compromise was effected between the parties and compromise deed dated 02.01.2024 (Annexure P-2) and affidavit of respondent No.7 (Annexure P-3) was signed by respondent No.7. Photographs of the engagement ceremony are Annexure P-4. However, thereafter, the respondents refused to solemnize the marriage of respondent No.6 with the petitioner. The petitioner gave representation dated 06.03.2024 to the Police Commissioner, Faridabad (Annexure P-7) and representation dated 01.04.2024 to the Station House Officer, Police Station Central, Faridabad (Annexure P-8) but no action has been taken on said representations. 3.

Notice of motion.

4.

Mr. Amrik Singh Narwal, D.A.G., Haryana 





 

      

    

 

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      representation dated 06.03.2024 (Annexure P-7) and representation dated 01.04.2024 (Annexure P-8) have already been decided.

5.

On the last date of hearing i.e. 21.08.2024, the State was directed to file copy of the orders as per which, the said representations have been decided. However, no such orders have been placed on record today. 6.

In view of the aforesaid facts and circumstances, the Station House Officer, Police Station Central, Faridabad (respondent No.5) is directed to decide the representation dated 01.04.2024 (Annexure P-8) within a period of one month from today. However, with regard to the representation dated 06.03.2024

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(Annexure P-7), no direction can be issued to the Police Commissioner, Faridabad, since he is not a party to the present petition. 7.

With the aforesaid directions, the present petition is disposed of. 8.

Pending miscellaneous applications, if any, shall stand disposed of. (HARPREET KAUR JEEWAN) JUDGE 05th September 2024 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No