HIRA SINGH Vs. STATE OF PUNJAB & ORS

JUDGEMENT

(1.) Present petition has been filed under Section 482 Cr.P.C. praying that respondent No.2 -- Commissioner of Police, Amritsar be directed to register a criminal case under Sections 366, 376, 506, 149, 34 IPC against respondent No.4 -- Kuljit Singh s/o Lakhwinder Singh, who is stated to have committed rape upon the daughter of the petitioner. It is stated that the daughter of the petitioner Baljit Kaur was a student of three and a half years' General Nursing Midwifery course in New Gobind School of Nursing, Mudal, Amritsar. It is stated that on 22.3.2011 she left the hostel along with respondent No.4. Allegations have been levelled that Baljit Kaur was intoxicated and thereafter respondent No.4 has raped her.

(2.) Along with the petition, an order passed by this Court in Crl. Misc. No.M-9031 of 2011 (Annexure P-2) dated 24.3.2011 has been annexed. A perusal of the order reveals that the prosecutrix Baljit Kaur herself appeared in this Court and stated that she is 22 years of age and she had solemnized marriage with respondent No.4 Kuljit Singh according to her own wishes. This Court had disposed of the petition filed for grant of protection on behalf of the prosecutrix by directing the SSP, Amritsar to look into the representation Annexure P-5 filed by the prosecutrix Baljit Kaur and her alleged husband Kuljit Singh -- respondent No.4 who is now stated to have raped Baljit Kaur.

(3.) Without commenting upon the merits of this case, this Court is of the view that it is not the case in which directions for registration of the FIR are necessary. The petitioner or her daughter Baljit Kaur prosecutrix, if so advised, may file a criminal complaint in the court of competent jurisdiction for the alleged offences. As and when such a complaint is filed, the court of competent jurisdiction shall proceed therein in accordance with the provisions of law.