Judgment:
CRM-M-13646 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-13646 of 2011 Date of Decision : 08.07.2014 Harjinder Kaur and others .....Petitioners Versus State of Punjab and another .....Respondents CORAM: HON'BLE Mr.JUSTICE R.P.NAGRATH Present: Mr.Vishal Sehgal, Advocate for the petitioneRs.Mr.B.S.Cheema, DAG, Punjab.
Mr.Rajeshwar Singh, Advocate for respondent No.2.
R.P.Nagrath, J.
(Oral) Instant petition has been filed under Section 482 Cr.P.C.for quashing of FIR No.19 dated 16.04.2011 (Annexure P-1) for offences under Sections 323, 380, 452, 148 and 149 of Indian Penal Code (IPC).registered at Police Station Old Shalla, Gurdaspur and all other consequential proceedings arising out of the same.
It was the case of petitioners that aforesaid FIR was registered to put pressure on the petitioners who had already filed a complaint dated 15.11.2010 (Annexure P-3) in the Court of Judicial Magistrate, Ludhiana.
It is the apprehension of the petitioners that Gurmej Singh DSP was instrumental in registration of the FIR as he was out to help respondent No.2 one way or the other.
Learned counsel for the complainant-respondent No.2, however, submits that Jitender kumar 2014.07.10 11:13 I attest to the accuracy and integrity of this document Chandigarh CRM-M-13646 of 2011 -2- the aforesaid DSP has not been impleaded as respondent.
When the matter was listed on 02.06.2011, a coordinate Bench of this Court passed the following order:- “Present petition has been filed under Section 482 Cr.P.C.seeking quashing of FIR No.19 dated 16.04.2011 registered at Police Station Old Shalla, District Gurdaspur under Sections 323, 380, 452, 148 and 149 IPC.
Petitioner No.1-Harjinder Kaur was married with respondent No.2-Amarjit Singh on 11.01.2007.
Counsel for the petitioners has stated that out of the wedlock, one daughter Navpreet Kaur was born on 19.01.2008.
Petitioner No.1 had filed a complaint under Sections 406, 498-A IPC against her husband and his family membeRs.which is annexed with the present petition as Annexure P3, stating that the marriage was performed by her parents beyond their capacity and had given various articles in the dowry.
It is further stated that family of respondent No.2 started harassing petitioner No.1 for more dowry.
Petitioner No.1 has also filed a petition under Section 125 Cr.P.C.for grant of maintenance, copy of which has been annexed with the present petition as Annexure P4.
Counsel for the petitioners has submitted that as a counter blast to complaint, Annexure P3, and the petition, Jitender kumar 2014.07.10 11:13 I attest to the accuracy and integrity of this document Chandigarh CRM-M-13646 of 2011 -3- Annexure P4, respondent No.2 had lodged an FIR against the aggrieved wife and her parents.
In the FIR, it is stated that after petitioner No.1-wife had left her matrimonial home one year ago, she came to her matrimonial home on 16.03.2001 when her husband was alone at home.
It is stated that wife was accompanied by her parents and some unidentified persons and they caused simple injuries to respondent No.2 and had taken away certificate of 10th class, some money, one gold chain and two gents gold rings.
Respondent No.2 lodged the present FIR against the petitioneRs.who are sought to be prosecuted for the aforesaid offences.
Injuries are stated to be simple in nature falling within the ambit of Section 323 IPC.
It is a moot question that if a wife enters the house of her husband it is a trespass.
On 25.05.2011, counsel for the parties sought an adjournment on the ground that the matter can be resolved amicably and, thus, it was adjourned for today.
Today, counsel for the parties have stated that amicable resolution of dispute is not possible.
Matter requires consideration.
Hence, admitted.
Normally, this Court does not stay the investigation.
Since, lodging of the FIR is mala fide and is an abuse of the process of law, this Court is constrained to stay Jitender kumar 2014.07.10 11:13 I attest to the accuracy and integrity of this document Chandigarh CRM-M-13646 of 2011 -4- further proceedings, at this stage.”
.
The matter was subsequently sent to Mediation and Conciliation Centre of this Court but mediation between the parties failed.
Learned counsel for respondent No.2 submits that subsequently offence under Section 325 IPC was also added.
Since investigation of this FIR is still to be carried on, and in the facts and circumstances of the case, the instant petition is disposed of with a direction to Senior Superintendent of Police, Gurdaspur to constitute a Special Investigating Team, headed by a police officer not less than the rank of Deputy Superintendent of Police to be directly supervised by Superintendent of Police, Gurdaspur.
It be ensured that Gurmej Singh who was then posted as DSP be not associated in the investigation.
It is also directed that investigation of the case be completed expeditiously but preferably within a period of four months.
July 08, 2014 ( R.P.NAGRATH ) jk JUDGE Jitender kumar 2014.07.10 11:13 I attest to the accuracy and integrity of this document Chandigarh