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High Court of Punjab and HaryanaCRWP/8544/2024disposed of

Sukhwant Singh v. State Of Punjab And Others

2024-10-21Ms. Justice Harpreet Kaur Jeewan2 pages

CRWP-8544-2024 (O&M)  Sr. No.112

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-8544-2024 (O&M) Date of decision: 

  SUKHWANT SINGH ........Petitioner versus STATE OF PUNJAB AND OTHERS .......Respondents

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Ms. Divya Gulati, Advocate for the petitioner.

Ms. Himani Arora, AAG, Punjab.

HARPREET KAUR JEEWAN, J. (ORAL) 1.

The present Criminal Writ Petition has been filed under Article 226 of the Constitution of India for issuance of directions to respondents No.2 and 3 to protect the life and liberty of the petitioner and his parental family at the hands of private respondents No.4 to 11.

2.

Learned counsel for the petitioner contends that the private respondent No.4-Adarshpreet Singh is the husband of daughter of the petitioner and the other private respondents are the relatives of respondent No.4. The marriage of daughter of the petitioner namely Pavneet Kaur was solemnized with respondent No.4Adarshpreet Singh on 19.01.2016 at Amritsar. There was a matrimonial dispute inter se the parties and the private respondents flatly refused to return the dowry articles including gold ornaments, which were given as Istridhan to Pavneet Kaur-daughter of the petitioner.

2.1 It is further contended that apart from this, on 24.03.2022, respondent No.4, who is now residing in Canada, had sent divorce papers through e-mail to Pavneet Kaur-daughter of the petitioner after obtaining the PR status. As such, the SIMRANDEEP KAUR 2024.10.23 13:06 I attest to the accuracy and integrity of this order/judgment.

CRWP-8544-2024 (O&M)  petitioner as well as his daughter, immediately returned back to India. The daughter of the petitioner had given a representation dated 29.09.2023 to Commissioner of Police, Amritsar (Annexure P-1). However, no action has been taken on the same. 3.

Learned State counsel has filed status report dated 23.09.2024, by way of an affidavit of Sh. Maninder Pal Singh, PPS, Assistant Commissioner of Police, North, Amritsar, on behalf of respondents No.1 to 3, wherein, this fact has been mentioned that the said representation dated 29.09.2023 was sent to the SHO, Police Station, NRI, Amritsar, for conducting inquiry.

3.1 Learned State counsel has also filed a short reply dated 22.09.2024, by way of an affidavit of Sh. Satinder Kumar, PPS, Deputy Superintendent of Police, NRI Wing, Amritsar, as per which, the said representation has been consigned to the Record Room on the basis of the recommendation made by the Assistant Inspector General of Police, NRI Wing, Amritsar vide Report No.155-5AP dated 11.04.2023. 4.

In view of the aforesaid facts and circumstances, the petitioner is still aggrieved by the inaction on the part of the Police authorities. The petitioner is having alternate remedy in view of the decision by the Hon'ble Apex Court in "Sakiri Vasu vs. State of U.P. and others"; (2008) 2 SCC 409 and "M. Subramaniam and another vs. S. Janki and another"; 2020 (2) RCR (Criminal) 788. 5.

Consequently, the present petition stands disposed of with liberty to the petitioner to avail alternate remedy, as per law. 6.

Pending miscellaneous applications, if any, shall stand disposed of. (HARPREET KAUR JEEWAN) JUDGE 

  simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SIMRANDEEP KAUR 2024.10.23 13:06 I attest to the accuracy and integrity of this order/judgment.