Malkiyat Kaur v. The State Of Haryana And Others




IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-11321-2023 Date of decision : 29.01.2024 MALKIYAT KAUR ....Petitioner

Versus

THE STATE OF HARYANA AND OTHERS

...Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Ankit Aggarwal, Advocate for the petitioner. Mr. Gaurav Bansal, DAG, Haryana.

PANKAJ JAIN, J. (ORAL) Present petition has been filed under Article 226 of the Constitution of India whereby the petitioner seeks issuance of writ in the nature of mandamus directing respondents No.3 and 4 to protect life and liberty of the petitioner by providing police protection. 2.

From the reply filed by way of affidavit of Satish Kumar, HPS DSP, City Panipat, dated 4th of December, 2023 it is discernible that the police considered the representation made by the petitioner and assess the threat perception. Operative part thereof reads as under : "That the Para No. 2 of the petition are wrong and hence denied. There is enmity going on between the petitioner and her family with respondent no. 5 and 6 and their family members. One FIR No. 11 dated 13/01/2023 under section 323, 34, 452 and 506 of IPC is already registered against the family members of the petitioner namely (i) Ram Singh S/o Jarnail Singh (son of the petitioner), (ii) Jaspreet Singh S/o Mahender Singh and (iii) Gagandeep Singh S/o Mahender Singh. Moreover, one FIR No. Deepak Kumar 2024.01.30 11:38 I attest to the accuracy and integrity of this document

CRWP-11321-2023 -2- 2024:PHHC:011186 460 dated 26.10.2023 u/s 149, 149, 323, 452 and 506 of IPC is registered against Mandeep Singh (Respondent No. 5) and others on the complaint of Gagandeep Singh S/o Mahender Singh (nephew of the petitioner). Both the parties are constantly making representations against each other for putting pressure upon each other and to settle their score and are trying to misuse the process of law. However, the actions of the petitioner and respondent no. 4 and 5 gave apprehension of breach of peace in the society. Hence, acting on the representations (Annexure-P-2 and Annexure P-3) of the petitioner, complaint under section 107 and 151 of Cr.P.C was filed before the Ld. SDM, Panipat and the respondent no. 5 and 6 were released on bail by the Ld. Court. True Copy of FIR No. 460 dated 26.10.2023 under section 148, 149, 323, 452, 506 of IPC is already annexed by the petitioner as Annexure P-1."

3.

In view of aforesaid stand taken by the respondent/State, no further order is required to be passed.

4.

Accordingly, the present petition is disposed off. January 29, 2024 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Deepak Kumar 2024.01.30 11:38 I attest to the accuracy and integrity of this document