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Gurbhej Singh vs State Of Punjab & Anr on 26 February, 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Criminal Misc. No.M-36861 of 2017 (OM)
Date of Decision: 26.02.2019

Gurbhej Singh
…Petitioner(s)
Versus
State of Punjab another
…Respondent(s)

CORAM:- HON’BLE MR. JUSTICE HARI PAL VERMA

Present:- Mr. K.B. Raheja, Advocate
for the petitioners.

Mr. Rana Harjasdeep Singh, DAG, Punjab.

Mr. Nakul Sharma, Advocate
for respondent no.2.
*****

HARI PAL VERMA, J. (Oral)

Criminal Misc. No.43948-2018:

The application is allowed subject to all just exceptions. FIR

Annexure R-1 is taken on record.

Criminal Misc. No.M-36861 of 2017:

Prayer in the present petition filed under Section 482 of the

Code of Criminal Procedure, 1973 is for quashing of FIR No.182 dated

02.09.2017 under Section 376 IPC registered at Police Station Ghal Khurd,

District Ferozepur.

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The aforesaid FIR was registered at the behest of respondent

no.2-complainant. As per the FIR, respondent no.2 was in friendship with

the petitioner-accused for the last about 5-6 years. The petitioner

committed rape upon her on the pretext of solemnising marriage with her.

The complainant had also registered FIR No.109 dated 05.08.2016 under

Section 376 IPC Police Station Ghal Khurd against the petitioner and in the

said case, the petitioner was arrested and faced trial. However, the

petitioner prevailed upon the complainant in persuading her and had stated

that in case he would come out of the prison, he will solemnise marriage

with the complainant. Therefore, the complainant did not support the case

of the prosecution and was accordingly, declared hostile, which led to

acquittal of the petitioner vide judgment dated 06.03.2017 passed by

learned Sessions Judge, Ferozepur.

Learned counsel for the petitioner has agued that once the

petitioner has been acquitted for similar allegations in FIR No.109 dated

05.08.2016 under Section 376 IPC Police Station Ghal Khurd, the present

FIR is liable to be quashed, as the allegations against the petitioner in the

present case are more or less similar in nature. In that case, the complainant

has not supported the case of the prosecution and therefore, he has rightly

been acquitted by learned Sessions Judge Ferozepur vide judgment dated

06.03.2017. Therefore, the present FIR is liable to be quashed.

Learned counsel for the respondent-complainant has argued

that in FIR No.109 dated 05.08.2016 under Section 376 IPC Police Station

Ghal Khurd, the petitioner has been acquitted for the reason that while the

petitioner was in jail, he contacted the complainant and had assured her that

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the moment he comes out of the jail, he will solemnise marriage with her.

However, after coming out of jail, he again physically exploited the

complainant and committed rape upon her on the pretext of marrying her.

Petitioner started making phone calls on her mobile phone No.87270-

16405 from his mobile phone no.88721-10242. On 16.03.2017, the

petitioner took her from her village to Moga on the pretext of solemnising

marriage with her, but on reaching there, he took her to a hotel and stated

that as the priest of the Gurudwara has gone out, they cannot marry on that

day. He again made physical relations with her in the hotel despite her

refusal. Similarly, on 19.04.2017, the petitioner took her to Gill Lottery

Hotel, Moga and forcibly committed rape upon her, despite her refusal.

Learned counsel for the respondent submits that it is on different facts and

occurrences, the present FIR in question has been lodged.

On the other hand, learned State counsel, on instructions from

SI Pritam Singh, submits that vide order dated 10.10.2017, the proceedings

in the present FIR in question were stayed, as the police could not

investigate the matter. In case the aforesaid order is vacated, the police

would investigate the matter thoroughly and necessary follow up action

would be taken accordingly.

Having heard learned counsel for the parties and considering

the fact that the petitioner was acquitted in FIR No.109 dated 05.08.2016

under Section 376 IPC Police Station Ghal Khurd on account of the

incidents occurred prior to registration of that FIR, and the present FIR i.e.

FIR No.182 dated 02.09.2017 under Section 376 IPC registered at Police

Station Ghal Khurd relates to subsequent events, which need to be gone

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into by the police, therefore, this Court finds that the matter requires

investigation by the police. It has also come on record that another FIR i.e.

FIR No.231 dated 06.10.2018 under Sections 341/506 IPC registered at

Police Station City Faridkot, District Faridkot has also been registered at

the behest of the respondent-complainant with the allegations that the

petitioner has extended threats to the complainant to withdraw her

complainant. But this Court is not inclined to make any observation in the

said FIR, as the limited prayer in this petition is for quashing of FIR

No.182 dated 02.09.2017 under Section 376 IPC registered at Police

Station Ghal Khurd.

At this stage, counsel for the petitioner seeks withdrawal of

the present petition and undertakes that the petitioner shall join the

investigation.

Dismissed as withdrawn with a direction that the petitioner

shall cooperate in the investigation and the police shall make an endeavour

to conclude the investigation within a period of six months.

However, it is made clear that the observations made

hereinabove shall be confined to the present petition only and the same

shall not be construed as any expression on the merits of the case.

February 26, 2019 ( HARI PAL VERMA )
AK JUDGE

Whether speaking / reasoned? Yes / No
Whether reportable? Yes / No

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