CRM-M-35411 IN THE HIGH COURT OF PUNJAB AND HARYANA 204 JASMANDEEP KAUR GILL STATE OF PUNJAB AND OTHERS CORAM: HON'BLE MR Present: Mr. Sunil Chadha, Senior Advocate with Ms. Taanvi Dhull, Advocate for the petitioner. Mr. Chanchal K. Singla, Additional Advocate General, Punjab. Dr. Anmol Rattan Mr. Shiv Kumar Sharma, Advocate for respondents no.5 to 9. TRIBHUVAN DAHIYA The petition has been filed direction to respondents no.1 to 4 provisions of law against respondents no.5 to 9 on the basis of petitioner’s complaint pertaining to matrimonial P-2. 2. Facts of the case in brief respondent no.5 left the matrimonial ho by her husband and in of harassment and mental miscarriage. In that regard she s respondent/Commissioner of Police action was taken and 35411-2024 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Decided On: JASMANDEEP KAUR GILL Versus STATE OF PUNJAB AND OTHERS CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. Sunil Chadha, Senior Advocate with Ms. Taanvi Dhull, Advocate for the petitioner. Mr. Chanchal K. Singla, Additional Advocate General, Punjab. Dr. Anmol Rattan Sidhu, Senior Advocate with Mr. Shiv Kumar Sharma, Advocate for respondents no.5 to 9. TRIBHUVAN DAHIYAJ.(Oral) The petition has been filed under Section 528 BNSS direction to respondents no.1 to 4, to register of law against respondents no.5 to 9 on the basis of petitioner’s complaint pertaining to matrimonial offences, dated Facts of the case in brief are, respondent no.5 on 27.01.2023, but on account of disputes between them she matrimonial home on 20.09.2023. She has alleged demands of dowry by her husband and in-laws, and also taunts, insults, etc. of harassment and mental stress she started getting . In that regard she submitted a complaint to the third Commissioner of Police, dated 2 was taken and she had to submit another complaint IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-35411-2024 Decided On: 05.08.2025 ....PETITIONER(s) ....RESPONDENT(s) . JUSTICE TRIBHUVAN DAHIYA Mr. Sunil Chadha, Senior Advocate with Mr. Chanchal K. Singla, Additional Advocate General, Punjab. , Senior Advocate with Mr. Shiv Kumar Sharma, Advocate under Section 528 BNSS seeking a , to register an FIR under the relevant of law against respondents no.5 to 9 on the basis of petitioner’s offences, dated 09.03.2024, Annexure are, the petitioner married with , but on account of disputes between them she She has alleged demands of dowry insults, etc. by them. On account she started getting anxiety attacks and had a ubmitted a complaint to the third dated 29.09.2023, Annexure P-1. No another complaint regarding the seeking a relevant of law against respondents no.5 to 9 on the basis of petitioner’s , Annexure the petitioner married with , but on account of disputes between them she She has alleged demands of dowry n account and had a ubmitted a complaint to the third . No the Aman Dua 2025.08.13 19:23 I attest to the accuracy and authenticity of this judicial document CRM-M-35411 alleged offences, police officials influential people MLA. That is the reason the police have not nor has any FIR 3. Learned senior counsel no need to conduct any enquiry as the cognizable offences registration of FIR respondents no.1 to 4 was actually an eye to be issued for registration of FIR in the matter. 4. Learned points out the allegations are false and concocted of vengeance. No specific attribution is there members, and vague and general allegations any offence. As per Government of Uttar Pradesh and required to conduct matrimonial offences. was enquired into by the police found in it. Therefore, it was recommended to enquiry into the complaint Police, Crime against duly approved by the Commissioner of Police. The relevant extract of the enquiry report is as under: 35411-2024 -2- offences, dated 09.03.2024, Annexure P police officials are hand-in-glove with respondents no.5 to 9 people; respondent no.9/uncle of respondent no.5 is hat is the reason the police have not carried out nor has any FIR been lodged. Learned senior counsel for the petitioner no need to conduct any enquiry into the allegations as the cognizable offences are prima facie registration of FIR against respondents no.5 respondents no.1 to 4 have statedly conducted s actually an eye wash to bury the complaint. to be issued for registration of FIR in the matter. Learned senior counsel for the respondents, on the contrary, out the allegations are false and concocted . No specific attribution is there and vague and general allegations in the complaint any offence. As per law laid down by the Supreme Court of Uttar Pradesh and others, (2014 required to conduct a preliminary enquiry before lodging matrimonial offences. And the instant complaint submitted by the petitioner enquired into by the police at least three times herefore, it was recommended to into the complaint was conducted by Assistant Commissioner of rime against Women and C Cell, Ludhiana, dated 27.01.2024 duly approved by the Commissioner of Police. The relevant extract of the enquiry report is as under: , Annexure P-2. It is also alleged that glove with respondents no.5 to 9, who are respondent no.9/uncle of respondent no.5 is a Former carried out proper investigation, for the petitioner contends that there was into the allegations levelled by the petitioner prima facie made out, which require against respondents no.5 to 9 straightway. Although have statedly conducted an enquiry into the matter, it wash to bury the complaint. Therefore, a direction needs to be issued for registration of FIR in the matter. counsel for the respondents, on the contrary, out the allegations are false and concocted, and have been levelled out . No specific attribution is there against any of the family in the complaint do not constitute law laid down by the Supreme Court in Lalita Kumari v. 2014) 2 SCC 1, the police are enquiry before lodging an FIR regarding complaint submitted by the petitioner three times, but no substance was herefore, it was recommended to ‘file’ the complaint. The first was conducted by Assistant Commissioner of , Ludhiana, dated 27.01.2024; it was duly approved by the Commissioner of Police. The relevant extract of the that , who are Former , there was by the petitioner which require lthough into the matter, it direction needs counsel for the respondents, on the contrary, out ainst any of the family do not constitute . are regarding complaint submitted by the petitioner no substance was . The first was conducted by Assistant Commissioner of was duly approved by the Commissioner of Police. The relevant extract of the Aman Dua 2025.08.13 19:23 I attest to the accuracy and authenticity of this judicial document CRM-M-35411 presented by Sub Inspector Harinderpal Singh. As per the report, it has been found that marria solemnized on 27.01.2023, due to strained relations between both the parties, they did not agreed to rehabilitate. It has been found from the perusal of statement, witnesses, documents presented by both the parties that n has been presented with regard to the allegations levelled by applicant party against her husband Jaideep Singh, Father Gopal Singh, Mother No Rajinder Kaur with regard to give beatings, causing mental harassment, demanding dowry and with regard to the abortion of the applicant. It has been stated that at the time of marriage applicant party has given one innova car PB03BK0020 to her husband. In this regard opposite party Jai deep Singh has presented the photographs of the CCTV footage of the cctv cameras installed in the neighbourhood, wherein on dated 20.09.2023, above said applicant alongwith her famil 3 suit case containing articles was leaving from there. As per the opposite party, gold ornaments and clothes were in the suitcases. It has been stated that on dated 21.09.2023, Harjinder Singh maternal uncle of opposite party Jaideep Singh has filed application with regard to the same to Station House Officer, Police station Civil line, Bathinda. No reliable evidence has beenpresented with regard to the allegation giving beatings as well as abortion of the applicant levelled by the applicant. Beca would have been conducted at Civil hospital or application would have been filed in any Police station or police post. Whereas the application which has been filed by the applicant party at police station Civil lines Bathinda, therein the same has been withdrawn by giving statement that no action be taken on the same and the same has been consign to office. As per the statement, opposite party is still ready to rehabilitate, whereas opposite party ha 35411-2024 -3- Enquiry of the application conducted till now has been presented by Sub Inspector Harinderpal Singh. As per the report, it has been found that marriage of the applicant party has been solemnized on 27.01.2023, due to strained relations between both the parties, they did not agreed to rehabilitate. It has been found from the perusal of statement, witnesses, documents presented by both the parties that no reliable evidence, witness or document has been presented with regard to the allegations levelled by applicant party against her husband Jaideep Singh, Father Gopal Singh, Mother-in-law Mandee No. 39, Model Town, Phase-2 Rajinder Kaur with regard to give beatings, causing mental harassment, demanding dowry and with regard to the abortion of the applicant. It has been stated that at the time of marriage applicant party has given one innova car PB03BK0020 to her husband. In this regard opposite party Jai deep Singh has presented the photographs of the CCTV footage of the cctv cameras installed in the neighbourhood, wherein on dated 20.09.2023, above said applicant alongwith her famil 3 suit case containing articles was leaving from there. As per the opposite party, gold ornaments and clothes were in the suitcases. It has been stated that on dated 21.09.2023, Harjinder Singh maternal uncle of opposite party Jaideep Singh has filed application with regard to the same to Station House Officer, Police station Civil line, Bathinda. No reliable evidence has beenpresented with regard to the allegation giving beatings as well as abortion of the applicant levelled by the applicant. Because if any beatings would have given, then either medical would have been conducted at Civil hospital or application would have been filed in any Police station or police post. Whereas the application which has been filed by the applicant party at police tation Civil lines Bathinda, therein the same has been withdrawn by giving statement that no action be taken on the same and the same has been consign to office. As per the statement, opposite party is still ready to rehabilitate, whereas opposite party ha Enquiry of the application conducted till now has been presented by Sub Inspector Harinderpal Singh. As per the report, ge of the applicant party has been solemnized on 27.01.2023, due to strained relations between both the parties, they did not agreed to rehabilitate. It has been found from the perusal of statement, witnesses, documents presented by o reliable evidence, witness or document has been presented with regard to the allegations levelled by applicant party against her husband Jaideep Singh, Father-in-law law Mandeep Kaur all residents of house 2, Bathinda and sister-in-law Rajinder Kaur with regard to give beatings, causing mental harassment, demanding dowry and with regard to the abortion of the applicant. It has been stated that at the time of marriage applicant party has given one innova car bearing No. PB03BK0020 to her husband. In this regard opposite party Jai deep Singh has presented the photographs of the CCTV footage of the cctv cameras installed in the neighbourhood, wherein on dated 20.09.2023, above said applicant alongwith her family and 3 suit case containing articles was leaving from there. As per the opposite party, gold ornaments and clothes were in the suitcases. It has been stated that on dated 21.09.2023, Harjinder Singh maternal uncle of opposite party Jaideep Singh has filed an application with regard to the same to Station House Officer, Police station Civil line, Bathinda. No reliable evidence has beenpresented with regard to the allegation giving beatings as well as abortion of the applicant levelled by the applicant. use if any beatings would have given, then either medical would have been conducted at Civil hospital or application would have been filed in any Police station or police post. Whereas the application which has been filed by the applicant party at police tation Civil lines Bathinda, therein the same has been withdrawn by giving statement that no action be taken on the same and the same has been consign to office. As per the statement, opposite party is still ready to rehabilitate, whereas opposite party has Enquiry of the application conducted till now has been presented by Sub Inspector Harinderpal Singh. As per the report, ge of the applicant party has been solemnized on 27.01.2023, due to strained relations between both the parties, they did not agreed to rehabilitate. It has been found from the perusal of statement, witnesses, documents presented by o reliable evidence, witness or document has been presented with regard to the allegations levelled by law p Kaur all residents of house law Rajinder Kaur with regard to give beatings, causing mental harassment, demanding dowry and with regard to the abortion of the applicant. It has been stated that at the time of marriage bearing No. PB03BK0020 to her husband. In this regard opposite party Jai deep Singh has presented the photographs of the CCTV footage of the cctv cameras installed in the neighbourhood, wherein on y and 3 suit case containing articles was leaving from there. As per the opposite party, gold ornaments and clothes were in the suitcases. It has been stated that on dated 21.09.2023, Harjinder Singh an application with regard to the same to Station House Officer, Police station Civil line, Bathinda. No reliable evidence has beenpresented with regard to the allegation giving beatings as well as abortion of the applicant levelled by the applicant. use if any beatings would have given, then either medical would have been conducted at Civil hospital or application would have been filed in any Police station or police post. Whereas the application which has been filed by the applicant party at police tation Civil lines Bathinda, therein the same has been withdrawn by giving statement that no action be taken on the same and the same has been consign to office. As per the statement, opposite s Aman Dua 2025.08.13 19:23 I attest to the accuracy and authenticity of this judicial document CRM-M-35411 filed civil suit before the Ld. Court of Karan Aggarwal, JMIC, Ludhiana for grant of maintenance. Next date of hearing is 07.02.2024. both the parties have not presented any reliable evidence with regard to the istridhan gold ornaments of applicant Both ornaments, nor applicant has presented any reliable evidence with regard to the demand of dowry. It is not possible to take action on the application without reliable evidence, facts, witnesses, d pursue this case before the Id. Court. It is recommended to consign the application to office. 4.1. The enquired into but effect dated 29.06.2024, Annexure R was concluded vide report dated was made out from the complaint against respondents no.5 been contended by learned with the matter has he done so unnecessarily, 5. Submissions made by learned counsel for the parties have been considered. 6. The law disclosure of information regarding commission of a registration of FIR under BNSS) is mandatory. At the same time cases the police ascertain whether any cognizable offence is Observations in 35411-2024 -4- filed civil suit before the Ld. Court of Karan Aggarwal, JMIC, Ludhiana for grant of maintenance. Next date of hearing is 07.02.2024. both the parties have not presented any reliable evidence with regard to the istridhan gold ornaments of applicant Both the parties are not agreed to disclosed anything about gold ornaments, nor applicant has presented any reliable evidence with regard to the demand of dowry. It is not possible to take action on the application without reliable evidence, facts, witnesses, documents. Therefore applicant has been directed to pursue this case before the Id. Court. It is recommended to consign the application to office. The matter did not end there, and the enquired into but the allegations could not be established dated 29.06.2024, Annexure R-5/2, was submitted. was concluded vide report dated 01.08.2024, Annexure R was made out from the complaint against respondents no.5 been contended by learned senior counsel that respondent with the matter; neither is he in a position to has he done so in any manner. He has been arrayed as only to cause harassment. Submissions made by learned counsel for the parties have been The law stands settled in Lalita Kumari disclosure of information regarding commission of a registration of FIR under Section 154 Cr.P.C is mandatory. At the same time, it has been held that the police may, before registering FIR, ascertain whether any cognizable offence is Observations in the judgment are as under: filed civil suit before the Ld. Court of Karan Aggarwal, JMIC, Ludhiana for grant of maintenance. Next date of hearing is 07.02.2024. both the parties have not presented any reliable evidence with regard to the istridhan gold ornaments of applicant the parties are not agreed to disclosed anything about gold ornaments, nor applicant has presented any reliable evidence with regard to the demand of dowry. It is not possible to take action on the application without reliable evidence, facts, ocuments. Therefore applicant has been directed to pursue this case before the Id. Court. It is recommended to matter did not end there, and the complaint was again could not be established, and a report to that , was submitted. Third time also, it , Annexure R-5/3, that no offence was made out from the complaint against respondents no.5 to 9. Lastly, it has counsel that respondent no.9 has no concern in a position to influence the investigation, nor . He has been arrayed as a respondent Submissions made by learned counsel for the parties have been Lalita Kumari case ibid. that on disclosure of information regarding commission of a cognizable offence, C. (pari materia to Section 173 , it has been held that in matrimonial registering FIR, hold a preliminary enquiry to ascertain whether any cognizable offence is disclosed from the complaint. filed civil suit before the Ld. Court of Karan Aggarwal, JMIC, Ludhiana for grant of maintenance. Next date of hearing is 07.02.2024. both the parties have not presented any reliable evidence with regard to the istridhan gold ornaments of applicant the parties are not agreed to disclosed anything about gold ornaments, nor applicant has presented any reliable evidence with regard to the demand of dowry. It is not possible to take action on the application without reliable evidence, facts, ocuments. Therefore applicant has been directed to pursue this case before the Id. Court. It is recommended to complaint was again to that Third time also, it no offence to 9. Lastly, it has no.9 has no concern nor respondent Submissions made by learned counsel for the parties have been on , 173 in matrimonial to . Aman Dua 2025.08.13 19:23 I attest to the accuracy and authenticity of this judicial document CRM-M-35411 111. matter both before and after investigation. A police officer can foreclose an FIR before an investigation under Section 15 Code, if it appears to him that there is no sufficient ground to investigate the same. The section itself states that a police officer can start investigation when he has “ commission of an offence launching higher than the requirement under Section 154 police officer can also, in a given case, investigate the matter and then file a final report under closure of the matter. Therefore, the an investigation in every FIR which is mandatorily registered on receiving information relating to commission of a cognizable offence. 120.6. inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made as under: 7. In conducted preliminary parties and examining allegations do not disclose any cognizable offence record to indicate 35411-2024 -5- 111. Besides, the Code gives power to the police to close a matter both before and after investigation. A police officer can foreclose an FIR before an investigation under Section 15 Code, if it appears to him that there is no sufficient ground to investigate the same. The section itself states that a police officer can start investigation when he has “ commission of an offence”. Therefore, the requirements of launching an investigation under Section 157 higher than the requirement under Section 154 police officer can also, in a given case, investigate the matter and then file a final report under Section 173 closure of the matter. Therefore, the an investigation in every FIR which is mandatorily registered on receiving information relating to commission of a cognizable offence. 120.6. As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made as under: (a) Matrimonial disputes/family disputes. (b) Commercial offences. (c) Medial negligence cases (d) Corruption cases (e) Cases where there is abnormal delay/latches in initiating criminal prosecution, for example, over 3 months’ delay in reporting the explaining the reasons for delay. The aforesaid are only illustrations all conditions which may warrant preliminary inquiry. In terms of the law laid down preliminary enquiry into the allegations, and after hearing the examining the material produced by them do not disclose any cognizable offence cate even prima facie that the enquiry Besides, the Code gives power to the police to close a matter both before and after investigation. A police officer can foreclose an FIR before an investigation under Section 157 of the Code, if it appears to him that there is no sufficient ground to investigate the same. The section itself states that a police officer can start investigation when he has “reason to suspect the Therefore, the requirements of under Section 157 of the Code are higher than the requirement under Section 154 of the Code. The police officer can also, in a given case, investigate the matter and Section 173 of the Code seeking closure of the matter. Therefore, the police is not liable to launch an investigation in every FIR which is mandatorily registered on receiving information relating to commission of a cognizable type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made as under: Matrimonial disputes/family disputes. offences. Medial negligence cases Cases where there is abnormal delay/latches in initiating criminal prosecution, for example, over 3 months’ delay in reporting the matter without satisfactorily delay. The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry. terms of the law laid down, respondents no.1 to 4 have enquiry into the allegations, and after hearing the produced by them concluded that the do not disclose any cognizable offence. There is no material on that the enquiry has been manipulated or Besides, the Code gives power to the police to close a matter both before and after investigation. A police officer can 7 of the Code, if it appears to him that there is no sufficient ground to investigate the same. The section itself states that a police officer reason to suspect the Therefore, the requirements of of the Code are of the Code. The police officer can also, in a given case, investigate the matter and of the Code seeking launch an investigation in every FIR which is mandatorily registered on receiving information relating to commission of a cognizable type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which Cases where there is abnormal delay/latches in initiating criminal prosecution, for example, over 3 matter without satisfactorily exhaustive of , respondents no.1 to 4 have enquiry into the allegations, and after hearing the the There is no material on has been manipulated or Aman Dua 2025.08.13 19:23 I attest to the accuracy and authenticity of this judicial document CRM-M-35411 unduly influenced by respondent no.9. direction for lodging of the FIR is made out. option to avail Magistrate. 8. Accordingly, without expressing any opinion on the merits of the case, the petition is disposed of with liberty to the petitioner to avail alternate remedies in accordance with law, if so advised. 9. The observations made in this order are on deciding the instant petition which will have no bearing on any other proceeding(s). 05.08.2025 Ad Whether speaking/reasoned? Whether reportable? 35411-2024 -6- influenced by respondent no.9. In view thereof, no case for issuance of direction for lodging of the FIR is made out. option to avail the alternate remedy of filing a complaint before the Accordingly, without expressing any opinion on the merits of the the petition is disposed of with liberty to the petitioner to avail alternate remedies in accordance with law, if so advised. The observations made in this order are on deciding the instant petition which will have no bearing on any other . (TRIBHUVAN DAHIYA Whether speaking/reasoned? Whether reportable? In view thereof, no case for issuance of The petitioner, however, has an remedy of filing a complaint before the Accordingly, without expressing any opinion on the merits of the the petition is disposed of with liberty to the petitioner to avail alternate remedies in accordance with law, if so advised. The observations made in this order are only for the purpose of deciding the instant petition which will have no bearing on any other TRIBHUVAN DAHIYA) JUDGE Yes/No Yes/No In view thereof, no case for issuance of The petitioner, however, has an remedy of filing a complaint before the Accordingly, without expressing any opinion on the merits of the the petition is disposed of with liberty to the petitioner to avail alternate ly for the purpose of deciding the instant petition which will have no bearing on any other Aman Dua 2025.08.13 19:23 I attest to the accuracy and authenticity of this judicial document