Dismissed

Balwinder Singh v. State of Punjab and Others

Punjab & Haryana HC19 Dec 2019CWP/27257/2019

Case brief

AI extract

What is this about?

A challenge to Police inaction in a case involving a minor's marriage and arrest. The Court noted the marriage was legally solemnized despite earlier allegations. Consequently, legal action under relevant IPC and POCSO sections was deemed infructuous.

What did the court decide?

Disposed of as the petition became infructuous due to the marriage finding of the parties involved.

Balwinder Singh Vs State of Punjab… — Child Sexual Offences (POCSO) | Punjab & Haryana HC (2019)

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SHIVANI GUPTA 2019.12.21 14:12 1

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CWP No. 27257 of 2019

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No. 27257 of 2019 Date of decision: 19.12.2019

Balwinder Singh

....Petitioner(s)

Versus

State of Punjab and others

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...Respondent(s)

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CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

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Present: Mr. N.S. Dadwal, Advocate, for the petitioner.

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Ms. Ambika Bedi, AAG, Punjab.

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G.S.SANDHAWALIA, J. (Oral)

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As per the status report filed by Mr. Gurdeep Singh Gosal, PPS, DSP Jagraon, the daughter of the petitioner has given statement that she has solemnized marriage with Karamjeet Singh. Her statement has also been recorded under Section 164 Cr.P.C. before the Illaqa Magistrate wherein, she stated that she wanted to go to the house of Karamjeet Singh-respondent no. 4, with whom she got married. Her father, Rupinder Singh, Palwinder Singh and Bunty had given beatings to her on 23.10.2019 and, therefore, her custody has been handed over to Jasbir Kaur, mother of the accused/Karamjeet Singh where she is stated to be residing.

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Karamjeet Singh is stated to have been arrested on 23.10.2019 by the Investigating Officer and is stated to be in judicial custody in Central Jail, Ludhiana. The girl has refused to give her consent for her physical medical examination as per statement given to the Doctor (Annexure R-1). The investigation of the case is stated to be going on and final report is to be submitted in the Court of the Magistrate.

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CWP No. 27257 of 2019

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Keeping in view the above, the prayer for legal action against private respondent no. 4/Karamjeet Singh in FIR No. 171 dated 18.08.2019 under Sections 363, 366-A IPC and Section 8 of The Protection of Children from Sexual Offence Act, 2012, P.S. City Jagraon, Ludhiana Rural has been rendered infructuous.

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Keeping in view the above stand of the State, counsel for the petitioner is also in no position to press the petition and the same is disposed of having been rendered infructuous.

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19.12.2019 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No

Balwinder Singh v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Balwinder Singh v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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