Avtar Singh v. State Of Punjab And ORS

CRM-M-49537-2024 (O&M) -1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-49537-2024 (O&M) Date of Decision: 20.11.2024 Avtar Singh .... Petitioner

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. G.P.S.Ghuman, Advocate for the petitioner. Mr. Kunwarbir Singh, A.A.G., Punjab.

***** NIDHI GUPTA, J. (ORAL) Prayer in the present petition under Section 528 of BNSS, 2023 is for issuing direction to official respondent No.3 i.e. ADGP, NRI, Punjab to decide representation dated 16.08.2024 vide UID No.2408445 (Annexure P-11) moved by the petitioner against the private respondents No.4 to 6 within a stipulated time period.

At the very outset, learned counsel for the petitioner limits his prayer and submits that official respondent No.3 be directed to decide representation dated 16.08.2024 (Annexure P-11) moved by the petitioner against the private respondents No. 4 to 6. Learned counsel for the State, on instructions from ASI Jasbir Singh, informs this Court that on the basis of the above said representation, a complaint bearing No. 2408445 dated 30.07.2024 was registered against the private respondents No. 4 to 5. However upon investigation, the said complaint has been consigned to the record room in view of the fact that the alleged incident of violence against the DIVYANSHI 2024.11.21 17:56 I attest to the accuracy and integrity of this document

CRM-M-49537-2024 (O&M) -2 - daughter of the petitioner was found to have been committed in England. It is further submitted, on instructions, that marriage between the daughter of the petitioner and respondent No.4 was also solemnized in England only.

These facts are not denied by learned counsel for the petitioner.

In this regard, reference may be made to judgment of the Hon'ble Supreme Court in "Harmanpreet Singh Ahluwalia & Others Vs. State of Punjab & Others" Law Finder Doc ID # 190773, wherein it has been held as under:- "A. Criminal Procedure Code, Section 482 - Indian Penal Code, Section 420 and 406 Criminal Procedure Code Section 178 - Territorial jurisdiction - Parties married at Jalandhar thereafter living in Canada - Demand of dowry made in Canada - FIR lodged at Jalandhar - FIR quashed, inter alia, on the ground that larger part of offence was committed in Canada".

At this stage, learned counsel for the petitioner submits that he may be permitted to withdraw the present petition with liberty to avail alternative remedy in accordance with law, if any. Permitted to do so.

Dismissed as withdrawn, with liberty aforesaid. 20.11.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DIVYANSHI 2024.11.21 17:56 I attest to the accuracy and integrity of this document