The main legal point established is that while the police can register the FIR and investigate, cognizance can only be taken on the complaint filed in accordance with the Act, and the material collected during the investigation can be utilized in the complaint case.

RAJBIR SEHRAWAT, J.

1. The present petition has been filed for quashing of FIR No.72 dated 05.06.2019 under Sections 4 and 5(2) of Pre-conception and Pre-Natal Diagnostic Techniques Act, 1994 (for short 'the Act') and Sections 420 and 120-B IPC, registered at Police Station Sadar Ludhiana and all consequential proceedings arising therefrom.

2. The brief facts, as involved in the present petition, are that respondent No.2-complainant moved an application dated 04.06.2019 with the police; stating therein that he had a secret information that one tout of Barnala Area is involved in the determination of sex of the foetus and the friend of the secret informer can help in apprehending the culprit. The team constituted by the Civil Surgeon, Sirsa, had contacted the friend of informer and asked him to fix the deal with the tout. The deal for determination of sex of the foetus was fixed for Rs.30,000/- at Ludhiana. Thereafter, Mrs. Vijay Luxmi, Asha Worker, Sirsa, was joined as a decoy customer. The Civil Surgeon, Sirsa, had handed over Rs.30,000/- to Dr. Budh Ram, a team member, for the aforesaid decoy operation. On 04.06.2019, the team members, alongwith driver Surinder; started travelling in a private car. When the car of decoy patient had reached in front of Bhai Bala Ji Gurudwara, Daad, Ludhiana, another car bearing registration No.PB-10EG-3098 stopped near them. The rest of team members were watching the car of the decoy patient at a distance. In the meantime, help of the local police was also sought. Thereafter, the decoy; and one female alongwith two persons; proceeded somewhere behind the said car of decoy patient, but due to heavy rush of traffic, the team could not follow them, but waited for them in front of Gurudwara. After some time, the persons alongwith tout and decoy patient came back near the Gurudwara and the team tried to catch them. But they ran away in the car. However, the team picked up the decoy patient from Raikot and came back to Bhai Bala Ji Gurudwara, Daad. The decoy patient told the team members that name of one person, who conducted ultra sonography upon her, is Man Mohan Singh (present petitioner). She also stated that they had taken Rs.30,000/- from her after conducting USG and had told her that she has a female child in her womb. The friend of informer had revealed the name of tout as Manjit Kaur, ANM, resident of Rurki Kalan, Barnala. The decoy patient has also explained the site/house where the USG was conducted. On these allegations, FIR No.72 dated 05.06.2019 under Sections 4 and 5(2) of the Act was registered. Accordingly, the petitioner and his co-accused were arrested on 05.06.2019. Recovery of Rs.12,000/- was effected from the co-accused. During the investigation, Sections 420 and 120-B IPC were added to the present FIR. After completion of investigation, report under Section 173 Cr.P.C., has been presented against the petitioner and the co-accused.

3. Counsel for the petitioner has relied, inter alia, upon the judgment rendered by the Division Bench of this Court in CRM-M-4211-2014, titled as 'Hardeep Singh and another Vs. State of Haryana and others', decided on 04.12.2014, to contend that the Court cannot take cognizance of the offence under the Act, on the police report. Therefore, de hors any other consequences qua investigation of the matter, the FIR in question cannot exist on record of the case. Hence, it is submitted that the FIR in question deserves to be quashed. Counsel has further submitted that although even the Appropriate Authority has filed the criminal complaint in the same matter, however, that would be a different aspect to be dealt with by the Court, in accordance with law. But, the FIR cannot be permitted to continue; as independent proceedings in the matter.

4. Even counsel for the State has relied upon Hardeep Singh's case (supra) and has submitted that the police can register the FIR in the matter on request of the Appropriate Authority, however, it is only the Court which