Dismissed
Pxxxx v. State of Punjab and Others
Punjab & Haryana HCCRM-M/11283/2024
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CRM-M-11283-2024 (O&M) -1-
IN THE H IGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
107
CR M -M-11283-2024 (O&M) Dat e of Decision: 03.10.2024
Pxxxxx ( N ame withheld)
.… Petitioner
Versus
State of P u njab and others
.... Respondents
CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA
Present: - None for the petitioner.
Ms. Guramrit Kaur, DAG, Pu n jab.
NIDHI GUPTA, J. (ORAL)
Prayer in this petition filed u n der Section 482 Cr.P.C. is for issuance o f directions to the official resp o ndents for conducting fair and impartial i nvestigation pertaining to FI R No. 197 dated 01.10.2023 (Annexure P-1) registered under Sections 3 65, 376-D, 120-B and 506 IPC at Police Station Sardulgarh, by entrust i ng the investigation to some independe n t agency or to an IPS Of f icer, not below the rank of Superintendent of Police, as the investi g ation is being influenced by certain ext r aneous consideration.
Perusal of the order-sheets sh o ws that on the last 02 dates of hearing i. e . 21.05.2024 and 01.07.2024, t he case was adjourned at the request of learned counsel for the petitioner. Today, none has put in
RISHU KATARIA 2024.10.15 15:54 I attest to the accuracy and authenticity of this order/judgment.
CRM-M-11283-2024 (O&M) -2-
appearanc e on behalf of the petitioner, des p ite the case having been called twice. As s uch, the matter is being heard and decided in the absence of learned co u nsel for the petitioner.
On instructions from ASI Ma y a Ram, learned counsel for the State infor m s that the present FIR (Anne x ure P-1) was registered on the basis of st a tement made by the petitioner/ c omplainant/prosecutrix herself, wherein it has been alleged that the accus e d, namely, Manjot Singh along with othe r accused persons had admini s tered some intoxicant to the petitioner, whereafter she had been contin u ously raped by him on various occasions.
Learned counsel for the Stat e submits that keeping in view the seriou s ness of the allegations made b y the petitioner in the FIR, the Senior Su p erintendent of Police, Mansa , vide order dated 11.10.2023 constitute d an ‘Special Investigation Tea m ’ (SIT) to investigate into the allegations made in the FIR. On 14.11.202 3 , the accused persons, namely, Kulwinder Kaur and Jaswinder Kaur, had j oined the investigation. During investigati o n of the case, it was found t h at the petitioner and the main accused- M anjot Singh, had filed a protecti o n petition bearing No. CRWP8792-2023, before this Court in which it w as prayed that they were living together a n d seeking protection from the h ands of family members of the petitioner. Apart from this, an application d ated 04.09.2023, had also been moved by the petitioner and accused-M a njot Singh before the Senior Superintendent of Police Mansa, seeking p rotection at the hands of family
RISHU KATARIA 2024.10.15 15:54 I attest to the accuracy and authenticity of this order/judgment.
CRM-M-11283-2024 (O&M) -3-
members o f the prosecutrix in which an enquiry was conducted by the then Depu t y Superintendent of Police, Sar d ulgarh.
In the enquiry proceedings, statements of both the parties i.e. applicant p arty including the petitioner/pr o secutrix and Manjot Singh, and the respon d ent party including father of th e prosecutrix, were recorded. In her state m ent, the petitioner had mentio n ed that she was in a live-in relationshi p with Manjot Singh of her own free will and consent. Father of the prose c utrix had stated that on 28.08.2023, the prosecutrix had accompanied Manjot Singh of her own fr e e will and consent; and that as she had ap p rehended a threat to herself an d Manjot Singh from the hands of her fa m ily they both have filed th e above mentioned protection petition. F ather of the prosecutrix has further stated that he has no objection if the prosecutrix/petitioner resi d es with Manjot Singh and they had never passed any threat to her as th e petitioner was major and was aware abo u t her good and bad.
Thereafter, on 29.09.2023 t h e petitioner had called on the police hel p line No. 112, in respect of w hich ASI Makhan Singh No. 548/Mans a , had personally visited the s p ot. Statement of ASI Makhan Singh, af o resaid was duly recorded bef o re the SIT in which he had mentioned that after receiving call fro m the petitioner/prosecutrix on 29.09.202 3 , he had visited the spot at ar o und 11:00 PM and found that parents o f the prosecutrix were also p resent there; and a written compromi s e was entered into between bo t h the families, in which it was mentioned that the prosecutrix was residi n g with her own free will with
RISHU KATARIA 2024.10.15 15:54 I attest to the accuracy and authenticity of this order/judgment.
CRM-M-11283-2024 (O&M) -4-
Manjot Si n gh. However, due to some min o r argument, the petitioner was going to h e r parents’ house at village Na h ra. It was further mentioned in the compr o mise by both the parties that t h ey will look into their dispute on their o w n at Panchayat level. Therea f ter, the petitioner went to her parent’s h o use at village Nahra.
On the basis of abovementio n ed facts, the SIT recommended for filing o f cancellation report in the ma t ter which was approved by the Senior Su p erintendent of Police, Mansa; u p on which a cancellation report was prepa r ed and was presented before the learned Illaqa Magistrate, Sardulgar h on 28.11.2023. However, the p etitioner did not agree with the cancellatio n report as such, the same w a s returned back to the SHO, Police Stat i on Sardulgarh for reinvestigati o n on 24.01.2024.
As no new incriminating e v idence was found against the accused p ersons, the second cancellat i on report was prepared on 01.04.202 4 which was presented before the learned Illaqa Magistrate, Sardulgar h in which further action will b e taken as per directions of the learned Ill a qa Magistrate.
With regard to threat perce p tion, learned counsel for the State also r efers to the averments made i n para No. 4 of the status report dated 15.05.2024, filed by way of an a f fidavit of Sh. Kamaljit Singh, Superintendent of Police, Sub-Division , Sardulgarh, District Mansa, wherein it has been averred that upon i n vestigation, it was found that there is no threat perception to the petition e r.
RISHU KATARIA 2024.10.15 15:54 I attest to the accuracy and authenticity of this order/judgment.
CRM-M-11283-2024 (O&M) -5-
In this regard, learned counsel for the State also submits that the abovesaid submissions have been dul y mentioned in the status report dated 15.0 5 .2024, which was placed befor e the Court on 21.05.2024 and a copy there o f, was supplied to learned counsel for the petitioner.
I have heard learned counse l for the State and perused the case file in great detail.
In view of the above-noted u n-controverted and undisputed facts, no f u rther direction is required to b e issued in the present case; and the same a c cordingly, stands disposed of.
03.10.2024 ( NIDHI GUPTA ) rishu JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
RISHU KATARIA 2024.10.15 15:54 I attest to the accuracy and authenticity of this order/judgment.
1 issue framed by the court
Whether any further direction is required for fair investigation given the facts found by the Special Investigation Team.
1 provisions across 1 enactments
Pxxxxx (Name withheld)
State of Punjab
Nidhi Gupta
As recorded by the court registry
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