Harpreet Kaur v. State Of Punjab And ORS



IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Reserved on: 28th November 2024

Date of decision: 14th January 2025 HARPREET KAUR .....Petitioner versus STATE OF PUNJAB AND OTHERS .....Respondents CORAM:- HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Present:- Mr. Vaibhav Sehgal, Advocate for the petitioner.

Mr. Davinder Bir Singh, Sr. DAG, Punjab.

**** HARPREET KAUR JEEWAN , J.

1.

The instant petition has been filed under Section 528 BNSS for issuance of directions to respondents No.2 and 3 to ensure that no multiple inquiry should be conducted in the complaint dated 23.07.2024 (Annexure P-1), submitted by the petitioner and for issuance of further direction to official respondent No.3 to protect the life and personal liberty of the petitioner, who is allegedly being harassed by the private respondents No.5 and 6 in connivance with respondent No.7, to withdraw the complaint (Annexure P-1). A further direction has been sought that action be taken by respondent No.3 on the report dated 21.09.2024 (Annexure P-2).

2.

Learned counsel for the petitioner submits that marriage of the petitioner was solemnized with respondent No.7-Karamjit Singh in June 2012 at Ludhiana. The petitioner submitted a complaint to respondent No.3-Commissioner of Police, Ludhiana for taking action against her husband-Karamjit Singh (respondent No.7) and his relatives. Despite the recommendation for registration of the FIR by the In-charge, Crime against Women Cell (Ludhiana), vide report dated

 21.09.2024 (Annexure P-2), the FIR has not been registered and the petitioner is being pressurized to withdraw the said complaint. 3.

Status report dated 27.11.2024, filed by way of an affidavit of Ms. Roop Deep Kaur, PPS, Assistant Commissioner of Police, CAW & C-Cell, Ludhiana, on behalf of respondents No.1 to 5-State, is taken on record. Registry to tag the same at the appropriate place.

4.

Learned State counsel has informed that FIR No.84 dated 21.11.2024 has been registered under Section 85 of BNS, 2023, against respondent No.7Karamjit Singh. 5.

Learned counsel for the petitioner further submits that despite there being allegations against the relatives of the husband of the petitioner, the Police has registered an FIR only against respondent No.7-Karamjit Singh (husband). 6.

I have heard the learned counsel for the parties and perused the relevant documents.

7.

As per the preliminary inquiry report dated 21.09.2024 (Annexure P-2), recommendations were made for registration of the FIR against respondent No.7-Karamjit Singh (husband of the petitioner), under Section 498-A IPC. On the basis of the said recommendations, FIR stands already registered. 8.

In case the petitioner is still aggrieved by the inaction of the Police against other persons, who are though named in her complaint, but not named in the FIR, the petitioner can avail alternate remedy to approach the Magistrate in terms of the decision of the Hon'ble Apex Court in "M.Subramaniam and another vs. S. Janki and another";

2020 (2) RCR (Criminal) 788 and "Sakiri Vasu vs.

State of U.P. and others "; 2008 (2) SCC 409 .

 9.

In view of the above, the present petition stands disposed of. 10.

Pending miscellaneous applications, if any, shall stand disposed of. (HARPREET KAUR JEEWAN) JUDGE 14th January 2025 simran Whether speaking/reasoned Yes/No Whether reportable Yes/No