Paramjit Kaur v. State Of Punjab And Others

2023:PHHC:123982

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-47331-2023 (O&M) Date of Decision : 20.09.2023 Smt. Paramjit Kaur ....Petitioner

VERSUS

State of Punjab & Ors.

....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Ms. Jyoti Rani, Advocate for the petitioner.

Mr. Adhiraj Singh Thind, AAG Punjab for the respondents. -.- ALKA SARIN, J. (Oral) 1.

The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for issuance of directions to respondent Nos.1 to 3 for taking action on the application of the petitioner attached as Annexure P-6.

2.

The petitioner in the present case is the mother of the accused. She had sent an e-mail on 01.09.2023 for conducting an enquiry in the case pertaining to FIR No.0121 dated 23.07.2023 under Sections 376, 315, 316, 420 and 120-B of the Indian Penal Code, 1860 and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012 registered at PS Shahkot, Jalandhar (Rural), Punjab. Along with the e-mail, an application has been appended wherein it has been stated that the victim and the son of the petitioner were in a consensual relationship and wanted to get married. TRIPTI SAINI 2023.09.21 14:28 I attest to the accuracy and integrity of this document Chandigarh

2023:PHHC:123982 CRM-M-47331-2023 (O&M) -23.

Learned State counsel, on instructions from Sub Inspector Lakhbir Singh, has stated that the victim in the present case was 16 years of age at the time of the alleged incident and that the application sent by the petitioner was duly dealt with and, thereafter, the challan was presented on 19.09.2023.

4.

I have heard learned counsel for the parties. 5.

In the present case the prayer is for taking an action on an application Annexure P-6. As per the statement made by the learned State counsel on instructions from Sub Inspector Lakhbir Singh, the said application was duly dealt with and it is only thereafter that the challan was presented on 19.09.2023. The petitioner herself has appended Aadhar Card of the victim which shows her year of birth as 2007. That being so, the admitted case of the petitioner would be that the victim was only 16 years of age at the time of commission of offence.

6.

In view of the fact that the challan already stands presented, no further orders need to be passed in the present case which is, accordingly, disposed off. Pending applications, if any, also stand disposed off. September 20, 2023 (ALKA SARIN) tripti JUDGE NOTE : Whether speaking/non-speaking : Speaking Whether reportable : YES/NO TRIPTI SAINI 2023.09.21 14:28 I attest to the accuracy and integrity of this document Chandigarh