KANWALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KANWALJIT Singh and others have filed this petition for quashing FIR No. 166 dated 29.11.2007 (Annexure P-3) lodged under Sections 406 and 498-A of the Indian Penal Code (in short - IPC) with Police Station Bikhiwind District Amritsar.

(2.) SUCCINCTLY , the facts as emanating from the prosecution case are that the complainant filed a complaint dated 30.7.2007 (Annexure P-1) in the Court of Judicial Magistrate, Patti District Tarn Taran. The learned Magistrate, after taking cognizance of the criminal complaint, sent the copy thereof to Station House Officer, Police Station Bhikhiwind to make an inquiry on or before 30.11.2007. Thereafter, instead of submitting the report to the Magistrate, the SHO got the case registered against the petitioners vide FIR No. 166 dated 29.11.2007 (Annexure P-3). It has been alleged that the instant FIR is totally violative to the provisions of law. Once the criminal complaint has been filed in the Court and the Court has taken the cognizance over the complaint and gave directions to the police to hold an inquiry and to submit the report to the learned Court so that Court can proceed further in view of the report submitted by the police or the Court may consider the report in accordance with law. It is further submitted that once the Court has taken the cognizance of the offence on the basis of criminal complaint, the FIR regarding same offence cannot be entertained.

(3.) IT has been further asserted that marriage has taken place in 2001 and it is alleged that petitioners Balbir Singh and Baljit Kaur are only mediators for arranging the marriage and they belong to the different villages.