CRM-M No.7871 of 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 275 Sachin Chauhan State of Punjab CORAM : HON'BLE MR Present: Mr. for the petitioner. Mr. Yuvraj Singh Tiwana, AAG, Punjab. Mr. Sarvjeet Singh Thakur, Advocate for respondent No.2. *** NAMIT KUMAR 1. The instant petition has been filed under Section quashing of FIR No. Police Station consequential proceedings arising therefrom. 2. On the last date of hearing i.e. 11.02.2025, the following order was passed:- of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of No.35 dated 26.07.2023 registered under Section 376 of IPC at Police Station City Kurali, District SAS Nagar (Mohali) and all other subsequent proceedings arising therefrom. petitioner connivance with his wife Pardeep Kaur and SHO Parminder Singh, M No.7871 of 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of Decision: Sachin Chauhan Versus and another HON'BLE MR. JUSTICE NAMIT KUMAR Mr. Navneet Kumar, Advocate for the petitioner. Mr. Yuvraj Singh Tiwana, AAG, Punjab. Mr. Sarvjeet Singh Thakur, Advocate for respondent No.2. *** NAMIT KUMAR, J. (ORAL) The instant petition has been filed under Section quashing of FIR No.35 dated 26.07.2023 registered under Section City Kurali, District SAS Nagar consequential proceedings arising therefrom. On the last date of hearing i.e. 11.02.2025, the following order was “The petitioner has filed the instant petition under Section of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of No.35 dated 26.07.2023 registered under Section 376 of IPC at Police Station City Kurali, District SAS Nagar (Mohali) and all other subsequent proceedings arising therefrom. Learned counsel for the petitioner, inter alia, contends that petitioner is the victim of extortion racket run by Dilharjeet Singh in connivance with his wife Pardeep Kaur and SHO Parminder Singh, IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.7871 of 2025 Date of Decision:29.04.2025 ... Petitioner ... Respondent NAMIT KUMAR Mr. Yuvraj Singh Tiwana, AAG, Punjab. Mr. Sarvjeet Singh Thakur, Advocate The instant petition has been filed under Section 528 BNSS for registered under Section 376 IPC District SAS Nagar (Annexure P-1) and all other On the last date of hearing i.e. 11.02.2025, the following order was The petitioner has filed the instant petition under Section of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of No.35 dated 26.07.2023 registered under Section 376 of IPC at Police Station City Kurali, District SAS Nagar (Mohali) and all other subsequent proceedings arising therefrom. Learned counsel for the petitioner, inter alia, contends that is the victim of extortion racket run by Dilharjeet Singh in connivance with his wife Pardeep Kaur and SHO Parminder Singh, IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ... Petitioner ... Respondents 528 BNSS for 376 IPC at and all other On the last date of hearing i.e. 11.02.2025, the following order was 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.35 dated 26.07.2023 registered under Section 376 of IPC at Police Station City Kurali, District SAS Nagar (Mohali) and all other Learned counsel for the petitioner, inter alia, contends that the is the victim of extortion racket run by Dilharjeet Singh in connivance with his wife Pardeep Kaur and SHO Parminder Singh, PANKAJ KUMAR 2025.05.01 10:48 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.7871 of 2025 Police Station Kathgarh, District Rupnagar. Dilharjeet Singh and his wife and their associates have been booked in four FIRs, the which are as under : Sr. No. 1. 2. 3. 4. Court in CRM Punjab in which notice of motion was issued for 21.08.2024 and filing of the challan was stayed. The said petition was rendered infruc as behalf of respondent No.1 pendency of the present petition and next date fixed therein to the complainant and file compliance report. M No.7871 of 2025 -2- Police Station Kathgarh, District Rupnagar. Dilharjeet Singh and his wife and their associates have been booked in four FIRs, the which are as under :- Sr. No. FIR Number/Date Under Sections 222/06.10.2023 370, 370 376(2)(n), 7(a) & 67(b) of IPC 233/13.10.2023 388, 389, 420 & 120-B of IPC 281/14.12.2023 388, 389 & 120 of IPC 15/23.04.2024 388 & 120- IPC He has further placed reliance upon the order passed by this Court in CRM-M-28887-2024 titled as Gurwinder Singh Vs State of Punjab in which notice of motion was issued for 21.08.2024 and filing of the challan was stayed. The said petition was rendered infruc the police has filed cancellation report in the said case. Notice of motion. Mr. Yuvraj Singh Tiwana, A.A.G., Punjab accepts notice on behalf of respondent No.1-State and seeks time to file reply. Adjourned to 29.04.2025. S.H.O., through learned pendency of the present petition and next date fixed therein to the complainant and file compliance report. Police Station Kathgarh, District Rupnagar. Dilharjeet Singh and his wife and their associates have been booked in four FIRs, the details of Under Sections Highlights in the FIR 370-A(2), 376(2)(n), 7(a) & 67(b) of IPC The said Dilharjeet attempted rape with complainant and used her to file false rape cases on innocent persons. 388, 389, 420 & B of IPC The said Dilharjeet, Pardeep Kaur, Abhinoor (son of Dilharjeet) and others extorted Rs.15 lakhs from complainant under threat of filing false rape cases. 388, 389 & 120-B The said Pardeep Kaur, Dilharjeet and gang member Kuldeep Kaur involved in attempt to sextortion case. -B of The said Dilharjeet and his girl Sunaina extorted the amount of Rs.21,10,801/- from the complainant. has further placed reliance upon the order passed by this 2024 titled as Gurwinder Singh Vs State of Punjab in which notice of motion was issued for 21.08.2024 and filing of the challan was stayed. The said petition was rendered infructuous the police has filed cancellation report in the said case. Mr. Yuvraj Singh Tiwana, A.A.G., Punjab accepts notice on State and seeks time to file reply. S.H.O., through learned State counsel, shall inform the pendency of the present petition and next date fixed therein to the complainant and file compliance report.” Police Station Kathgarh, District Rupnagar. Dilharjeet Singh and his details of The said Dilharjeet the complainant and used her false rape cases on The said Dilharjeet, Abhinoor (son of Dilharjeet) and extorted Rs.15 lakhs from complainant under threat of filing false The said Pardeep Kaur, gang member Kuldeep Kaur in attempt to The said Dilharjeet and extorted the amount of from the has further placed reliance upon the order passed by this 2024 titled as Gurwinder Singh Vs State of Punjab in which notice of motion was issued for 21.08.2024 and filing tuous Mr. Yuvraj Singh Tiwana, A.A.G., Punjab accepts notice on State counsel, shall inform the pendency of the present petition and next date fixed therein to the PANKAJ KUMAR 2025.05.01 10:48 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.7871 of 2025 3. A short reply by way of affidavit of Mohit Kumar Aggarwal, PPS, Deputy Superintendent of Police, Sub Division (Mohali) has been filed on behalf of respondent No.1 has been stated as under: “7. of Police, Sub thoroughly perused and considered by the SSP, District SAS Nagar and while agreeing with the same, approved it with the direction to the SHO, PS City Kurali, District SAS Nagar to prepare and submit cancellation report in the present case Consequently, the cancellation report was prepared in the present case/FIR on 21.05.2024. Thereafter, summons were issued on different dates to the complainant to appear before the Ld. Court of competent jurisdiction for presentation of report, however, the complainant did not come present before the Ld. Court because of which, the said cancellation report could not be presented before the Ld. Court. It is relevant to mention here that the I.O. is making all possib present the said cancellation report before the Ld. Court, however, due to registration of FIR No. 281 dated 14.12.2023 u/s 120 Rupnagar, appearing before the Ld. Court for presentation of cancellation report in the present case before the Ld. Court. deponent most humbly pra petitioner may kindly be disposed of, in the interest of justice. The answering respondent undertakes to comply with any other order or direction which this Hon'ble Court may pass, in the facts and circumstances of M No.7871 of 2025 -3- A short reply by way of affidavit of Mohit Kumar Aggarwal, PPS, Deputy Superintendent of Police, Sub Division (Mohali) has been filed on behalf of respondent No.1 has been stated as under:- “7. That the investigation report of the then Deputy Superintendent of Police, Sub-Division Kharar-II, Mullanpur, Distr thoroughly perused and considered by the SSP, District SAS Nagar and while agreeing with the same, approved it with the direction to the SHO, PS City Kurali, District SAS Nagar to prepare and submit cancellation report in the present case Consequently, the cancellation report was prepared in the present case/FIR on 21.05.2024. Thereafter, summons were issued on different dates to the complainant to appear before the Ld. Court of competent jurisdiction for presentation of report, however, the complainant did not come present before the Ld. Court because of which, the said cancellation report could not be presented before the Ld. Court. It is relevant to mention here that the I.O. is making all possible efforts to contact the complainant so as to present the said cancellation report before the Ld. Court, however, due to registration of FIR No. 281 dated 14.12.2023 u/s 120-B IPC against respondent No. 2 and her accomplices at PS City Rupnagar, District Rupnagar, respondent No. 2 is absconding and not appearing before the Ld. Court for presentation of cancellation report in the present case before the Ld. Court. In view of the facts and circumstances narrated above, the deponent most humbly prays that the present petition filed by the petitioner may kindly be disposed of, in the interest of justice. The answering respondent undertakes to comply with any other order or direction which this Hon'ble Court may pass, in the facts and circumstances of the present case.” A short reply by way of affidavit of Mohit Kumar Aggarwal, PPS, Deputy Superintendent of Police, Sub Division Kharar-II, District SAS Nagar (Mohali) has been filed on behalf of respondent No.1-State of Punjab wherein it That the investigation report of the then Deputy Superintendent II, Mullanpur, District SAS Nagar was thoroughly perused and considered by the SSP, District SAS Nagar and while agreeing with the same, approved it with the direction to the SHO, PS City Kurali, District SAS Nagar to prepare and submit cancellation report in the present case/FIR No.35 (supra). Consequently, the cancellation report was prepared in the present case/FIR on 21.05.2024. Thereafter, summons were issued on different dates to the complainant to appear before the Ld. Court of competent jurisdiction for presentation of the final cancellation report, however, the complainant did not come present before the Ld. Court because of which, the said cancellation report could not be presented before the Ld. Court. It is relevant to mention here that the le efforts to contact the complainant so as to present the said cancellation report before the Ld. Court, however, due to registration of FIR No. 281 dated 14.12.2023 u/s 388, 389, B IPC against respondent No. 2 and her accomplices at PS City District Rupnagar, respondent No. 2 is absconding and not appearing before the Ld. Court for presentation of cancellation report in the present case before the Ld. Court. In view of the facts and circumstances narrated above, the ys that the present petition filed by the petitioner may kindly be disposed of, in the interest of justice. The answering respondent undertakes to comply with any other order or direction which this Hon'ble Court may pass, in the facts and ” A short reply by way of affidavit of Mohit Kumar Aggarwal, PPS, II, District SAS Nagar State of Punjab wherein it That the investigation report of the then Deputy Superintendent ict SAS Nagar was thoroughly perused and considered by the SSP, District SAS Nagar and while agreeing with the same, approved it with the direction to the SHO, PS City Kurali, District SAS Nagar to prepare and submit (supra). Consequently, the cancellation report was prepared in the present case/FIR on 21.05.2024. Thereafter, summons were issued on different dates to the complainant to appear before the Ld. Court of the final cancellation report, however, the complainant did not come present before the Ld. Court because of which, the said cancellation report could not be presented before the Ld. Court. It is relevant to mention here that the le efforts to contact the complainant so as to present the said cancellation report before the Ld. Court, however, 388, 389, B IPC against respondent No. 2 and her accomplices at PS City District Rupnagar, respondent No. 2 is absconding and not appearing before the Ld. Court for presentation of cancellation report In view of the facts and circumstances narrated above, the ys that the present petition filed by the petitioner may kindly be disposed of, in the interest of justice. The answering respondent undertakes to comply with any other order or direction which this Hon'ble Court may pass, in the facts and PANKAJ KUMAR 2025.05.01 10:48 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.7871 of 2025 4. Learned State counsel submits that the cancellation report shall be filed before the learned trial Court within a period of four weeks. 5. In this view of the matter, learned counsel for the petitioner wishes to withdraw the prese 6. Dismissed as withdrawn. April 29, 2025 Pankaj* M No.7871 of 2025 -4- Learned State counsel submits that the cancellation report shall be filed before the learned trial Court within a period of four weeks. In this view of the matter, learned counsel for the petitioner wishes to withdraw the present petition. Dismissed as withdrawn. Whether speaking/reasoned Whether reportable Learned State counsel submits that the cancellation report shall be filed before the learned trial Court within a period of four weeks. In this view of the matter, learned counsel for the petitioner wishes to (NAMIT KUMAR) JUDGE Whether speaking/reasoned : Yes/No : Yes/No Learned State counsel submits that the cancellation report shall be In this view of the matter, learned counsel for the petitioner wishes to PANKAJ KUMAR 2025.05.01 10:48 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh