Crl. Misc. No. M-18548 of 2016 [ 1 ]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M-18548 of 2016
Date of Decision : February 21, 2018
Mahavir …………………………………………………………Petitioner
Versus
State of Haryana and others ……………………….. Respondents
CORAM : HON’BLE MRS. JUSTICE LISA GILL
…
Present: None for the petitioner.
Mr. Anmol Malik, AAG, Haryana.
…
LISA GILL, J. (Oral)
This petition has been filed seeking initiation of proceedings
under Section 340 Cr.P.C. for concealment of facts and misleading the
Court by obtaining orders for protection on 12.04.2016 in CRM-M-13016
of 2016. It is further prayed that Section 376 IPC be incorporated in FIR No.
287 dated 11.04.2016 registered under Sections 363/366-A IPC. The
petitioner further prayed that legal action be taken against respondent No.4
for concealing the material facts.
As per the averments in the petition the petitioner’s daughter
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Crl. Misc. No. M-18548 of 2016 [ 2 ]
aged 18-1/2 years was allured by respondent No.4 who is alleged to be 45
years old. It is stated that respondent No.4 had evil designs on the
petitioner’s daughter and without her consent and in an illegal manner
established physical relations with her while making false averments in the
petition i.e. CRM-M-13016 of 2016. Respondent No.4 along with the
petitioner’s daughter sought protection from this Court. In the said petition it
is wrongly mentioned that the petitioner and his family members are
adamant to solemnize marriage of the petitioner’s daughter to an old man or
that the petitioner’s daughter wanted to continue with her studies. Wife of
respondent No.4, it is stated, had filed a complaint dated 16.04.2016 before
respondent No.2 to the effect that she was married to respondent No.4 about
18 years ago and three children were born out of this wedlock. Therefore, it
is stated that respondent No.4 while alluring the petitioner’s daughter had
wrongly projected himself to be a bachelor. All these facts have been
concealed by respondent No.4 while approaching this Court at the time of
filing CRM-M-13016 of 2016. It is, thus, prayed that this petition be
allowed.
It is noticed that none has been appearing on behalf of the
petitioner since the last number of occasions despite learned counsel for the
petitioner being notified of the date fixed.
I have gone through the file and have heard learned counsel for
the State.
It is relevant to note that the petition i.e. CRM-M-13016 of
2016 is attached as Annexure P2 with this petition. A perusal of the same
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does not reveal any averment by respondent No.4-Rajbir Singh to the effect
that he is even interested in getting married to the petitioner’s daughter or
that he had any kind of relation with her. The specific averment therein is
that the petitioner’s daughter had sought refuge from him and he had assured
to help her out as well as help her continue with her studies. It is in this
situation that when the petitioner’s daughter and respondent No.4 were
threatened, they approached this Court by filing CRM-M-13016 of 2016
seeking protection of their life and liberty.
As per affidavit dated 08.08.2017 of Shri Vivek Chaudhary,
Deputy Superintendent of Police, City Karnal filed on behalf of respondents
No. 1 to 3 it is specifically mentioned as under:-.
“2. That after registration of the case, investigation was carried
out by Suraj Bhan/SI, Police Station Sadar, Karnal, who during
the course of investigation recorded the statement of witness
under Section 161 Cr.P.C. Special efforts were made to trace
out the petitioner’s daughter. On 04.05.2016, Rakhi appeared
before the Investigating Officer and produced the copy of birth
certificate. As per birth certificate of Rakhi (petitioner’s
daughter), her date of birth is 16.03.1998 at the time of
incident, she was major. During the course of investigation
Section 366-A of IPC was deleted and Section 366 of IPC was
added in the above said case. An application for conducting the
medical examination of the Rakhi was submitted before
Medical Officer, Kalpana Chawla Medical Hospital, Karnal but
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Crl. Misc. No. M-18548 of 2016 [ 4 ]the victim denied for her medical examination on 04.05.2016.
During the course of investigation, the Investigating Officer
submitted an application before the court of Sh. Hemant Yadav,
Ld. ACJM, Karnal for recording the statement of Rakhi under
Section 164 Cr.P.C. The statement was recorded on
04.05.2016, in which she has categorically stated “that her
father Mahavir wants to solemnize her marriage forcibly with
an elderly person and due to her disease, I can not get married
because of my illness, so he wants to do so. I want to read. He
would beat me if I did not get married. So, on 09.04.2016, I ran
away along with Rajbir Singh who is my Brother-in-law (Jija).
Thereafter, they were residing at Chandigarh from that date to
till today. My family members has tried to kill me by sprinkling
the kerosene oil upon her. Rajbir has helped me, who is my
Brother-in-law (Jija) as per relation and is also my friend. I
did not want to go at home and want to live with Rajbir.”
3. That investigation of the case was also verified by Dy.
Superintendent of Police, District Karnal and guidelines were
issued to the Station House Officer, Police Station Sadar,
Karnal. It is further alleged that taking into the consideration
the statement so recorded by the Ld. Additional Chief Judicial
Magistrate, Karnal, the cancellation report as per law was
prepared in the titled FIR on 15.05.2016 and submitted on
08.08.2017. So, the present petition deserve to be dismissed.”
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Crl. Misc. No. M-18548 of 2016 [ 5 ]Keeping in view the facts and circumstances as narrated above,
no orders are called for in this case. Moreover as noticed above there has
been no representation on behalf of the petitioner since the last numerous
occasions despite the counsel being notified. Needless to say the petitioner
is at liberty to avail remedy/remedies as may be available to him in
accordance with law for any surviving grievance including any against
presentation of cancellation report in FIR No.287 dated 11.04.2016 under
Sections 363/366-A IPC registered at Police Station Sadar, Karnal.
Petition is accordingly disposed of.
( LISA GILL )
21.02.2018 JUDGE
rupi
Note: Whether speaking/reasoned Yes / No
Whether Reportable: Yes / No
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