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High Court of Punjab and HaryanaCRM-M/56741/2018dismissed

Darshana Bai v. State Of Haryana & Others

2023-08-07Ms. Justice Nidhi Gupta3 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-56741-2018 (O&M) Date of order: 07.08.2023 Darshana Bai .....Petitioner(s) Vs.

State of Haryana & Others .....Respondent(s)

CORAM:

HON'BLE MS. JUSTICE NIDHI GUPTA Present:- None.

***** Nidhi Gupta, J.

On the last date of hearing i.e. 04.07.2023, this Court had passed the following order:- "Prayer in the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, is for issuance of direction to respondents No. 2 and 3 to decide the representations (Annexures P-2 and P-3) moved by the petitioner within a time bound manner and to take legal action against respondents No. 5 to 7 who have harassed and demanded dowry from Laxmi Bai since deceased, due to which she had committed suicide in her matrimonial house within a period of 06 months from the date of her marriage. Perusal of the orders sheets show that petitioner had gone un-represented for the last three dates i.e. 26.04.2022, 25.05.2022 and 16.05.2023. Even today, the petitioner has gone un-represented.

It is submitted by learned counsel for the State that in compliance of the order dated 25.05.2022, an enquiry was conducted into the matter and the allegations levelled by the petitioner were found to be false. Status report

dated 12.05.2023 to this effect was filed by learned counsel for the State by way of an affidavit of Sh. Kaptan Singh, Deputy Superintendent of Police (Law and Order), Hisar. Para 2 of the aforesaid status report is reproduced hereunder:- "2. That in compliance of order dated 25.5.2022, necessary enquiry in to the representations, Annexures P-2 and P-3 has been got conducted through ASI Dinesh Kumar of P.S. Sadar Hisar. During enquiry in to the representations, he joined petitioner Darshana Bai in the enquiry and recorded her statement in the presence of her son Prem Singh, in which she stated that due to mentally upset her daughter lost her life after hanging herself. None is on fault and she do not want any action against anybody. Thereafter, he joined Balwinder Singh respondent No. 5 in the enquiry and recorded his statement.

The respectable persons of village Piranwali has also joined in the enquiry and their statements have been recorded. Respondent No. 5 in his statement sufferred that his wife Laxmi has committed suicide by hanging herself due to mentally upset. The respectable of the village stated that the marriage of deceased Laxmi Devi daughter of Darshana Bai petitioner was solemnized with Balwinder Singh. Neither any issue of dowry or giving beatings came in their notice nor any panchayat was held in this regard. The allegations of demanding dowry or motor cycle etc. are wrong and there is no turth in the allegations. Laxmi had committed suicide due to mentally upset. Laxmi Bai has submitted the complaint on abetment of some one. There is no truth in the complaint.

During his enquiry, it has transpired that Laxmi Devi deceased daughter of petitioner Darshana Bai was mentally upset since long time and on 21.4.2018 she hanged herself with fan by tying scarf (chunni). The allegations regarding dowry, harassing and killing of deceased Laxmi Devi D/o petitioner Darshana Bai as levelled in the representations Annexure P-2 and P-3 have found false. No further action is required in this matter and the same deserves to the filed......" In view of the above, it appears that petitioner is not interested in pursuing the instant petition. However, in the interest of justice, adjourned to 05.08.2023.

Registry is directed to inform learned counsel for the petitioner about the date fixed."

2.

Petitioner herein is the mother of the deceased. Office report shows that in compliance of above said last order dated 04.07.2023, the Registry of this Court had duly informed learned counsel for the petitioner about the date fixed. However, despite that no one appears on behalf of the petitioner.

3.

Accordingly, in view of the facts as noted above, as also in view of the above-reproduced averments made in the status report filed on behalf of the respondent-State, the present petition is disposed of as having been fully satisfied.

4.

Pending application(s) if any also stand(s) disposed of. 07.08.2023 (Nidhi Gupta) Sunena Judge Whether speaking/reasoned Yes/No Whether reportable Yes/No