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SURINDER PAL SINGH CHAWLA versus STATE OF PUNJAB & ORS

High Court of Punjab and Haryana, Chandigarh

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Surinder Pal Singh Chawla v. State of Punjab & Ors - CRM-18156-m-2005 [2006] RD-P&H 4666 (24 July 2006)

Crl.M.No. 18156 M OF 2005.

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Surinder Pal Singh Chawla vs State of Punjab & others Present : Mr.Pawan Hooda, Advocate,

for Mr.Sunil Chaudhary, Advocate,

for the petitioner.

Mr.B.S.Baath, AAG, Punjab.

Mr.Sandeep Kumar, Advocate,

for respondents No.6 & 7.

*******

Prayer in the present petition, filed under Articles 226/227 of the Constitution of India, but subsequently treated a petition, filed under Section 482 of the Cr.P.C, is for the issuance of directions to respondents No.1 to 4 to proceed, in accordance with law, against respondents No.5 to 8, in regard to the kidnapping, wrongful detention and forcible marriage of the petitioner's daughter, Kanwaljit Kaur.

I have heard learned counsel for the parties and perused the record.

FIR No.18/19, dated 21.4.2000, was lodged under Sections 363/366 of the IPC, at Police Station Sadar, Jalandhar, on the statement of the petitioner alleging that his daughter Kanwaljit Kaur had been kidnapped and forced to marry one Navneet Sharma. The police apparently recorded her statement, under Section 161 of the Cr.P.C, wherein she implicated respondents No.5 to 8 with respect to the offences, disclosed in the FIR.

However, she was subsequently produced before a Judicial Magistrate and her statement recorded, under Section 164 of the Cr.P.C. In this statement, she apparently exonerated respondents No.5 to 8 of any wrong doing. After the filing of the present petition and on 6.2.2001, Kanwaljit Kaur appeared Crl.M.No. 18156 M OF 2005 : 2 :

before a Division Bench of this Court and deposed as follows :- " I was born on 9.8.1976. I am a Graduate. I was married with Gurpreet Singh on 30.4.2000 at Bareilley.

It was an arranged marriage. My engagement with Gurpreet Singh took place in the month of March, 2000.

At present, I am living in the house of my in-laws with my husband and I am fully satisfied with the conduct of my husband.

On 19.4.2000 at about 11.45 AM, I was

present at the show-room of Honda City at Jalandhar. I know Navneet Sharma. On that day, at about 12.00 Noon, he along with his friends came to the show-room and asked me to come out from the show-room in order to have a drive with him. I refused to accompany him.

Thereafter, he told me that after a few days, I was going to be married and, therefore, I should accompany him to have a cold drink. He offered me a cold drink. On having the same, I started feeling giddiness. Thereafter, I became unconscious. When I regained consciousness, it was about 5.00 PM and I was in a house situated at Urban Estate, Jalandhar. On my regaining consciousness at about 5.00 P.M, I was taken to a Mandir by Navneet Sharma and his friends. Navneet Sharma wanted that I should marry with him. I was not ready and inclined to marry him. The Pujari of the Mandir did not agree for performing the marriage as I was crying. Thereafter, I Crl.M.No. 18156 M OF 2005 : 3 :

was taken to another Mandir where also the Pujari did not agree to perform my marriage with Navneet Sharma.

At about 9.30/10 in the night, I was taken to a village Gurudwara where my Lavan were forcibly performed with Navneet Sharma against my wishes and consent. I never willfully accompanied Navneet Sharma or his friends. I escaped from the custody of Navneet Sharma about four days thereafter. "

Despite the aforementioned facts, it appears that investigation into the aforementioned FIR has not concluded. Whatever may be the reason, investigation must not remain pending indefinitely.

Be that as it may, as the FIR stands registered, the present petition is disposed of with a direction to the Senior Superintendent of Police, Jalandhar to examine the aforementioned FIR, the evidence collected, the statements recorded, conclude investigation, and thereafter proceed in accordance with the provisions of the Code of Criminal Procedure.

( RAJIVE BHALLA )

July 31, 2006. JUDGE

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Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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