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2024 Supreme(P&H) 1163

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL, J.
Supinder Singh alias Soni – Petitioner
Versus
State of Punjab & Anr. – Respondents
CRM-M-25915 of 2024
Decided On : 23-05-2024

Advocates Appeared:
Mr. Prabhjot Singh, Advocate; For the Petitioner

The High Court's inherent powers under Section 482 of Cr.P.C. are unbridled, allowing intervention to prevent abuse of process, but not for evaluating evidence, which is the trial court's role.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petition for quashing FIR No.0048 under Sections 452, 354 IPC and Sections 8, 12 of POCSO Act dismissed - The court emphasized that inherent powers under Section 482 are unbridled and can be exercised to prevent abuse of process, but not to evaluate evidence - The petitioner misled the court regarding previous petitions - Costs imposed on the petitioner. (Paras 10.1, 11)

(B) Inherent Powers of High Court - The court reiterated that the inherent powers under Section 482 should not be used to conduct a mini-trial and that substantial evidence already led in trial limits the scope for quashing. (Paras 8.1, 8.2)

JUDGMENT

Mr. Sumeet Goel, J.

The present petition has been filed under Section 482 of Cr.P.C. of 1973 (hereinafter to be referred as "Cr.P.C., 1973") by the petitioner-Supinder Singh @ Soni for quashing of FIR No.0048 dated 25.06.2022 registered under Section 452 (wrongly mentioned in the FIR as Section 451 IPC), 354 of Indian Penal Code, 1860 and Sections 8 and 12 of Protection of Children from Sexual Offences Act, (Amended), 2012 (and Section 451 of IPC deleted and Section 354A and 195A of IPC added later on) at Police Station Sadar Rajpura, District Patiala, Punjab.

2. The factual matrix of the case, as relevant for consideration of the issue(s) in hand, is as follows:

    (i) An FIR was got registered by the complainant-victim bearing No.0048 dated 25.06.2022 registered under Section 452 (wrongly mentioned in the FIR is Section "451" IPC), 354 of Indian Penal Code, 1860 and Sections 8 and 12 of Protection of Children from Sexual Offences Act, (Amended), 2012 at Police Station Sadar Rajpura, District Patiala, Punjab. The said FIR, as spelt out in the present petition, reads as follows:

    "Copy of statement. Statement of Kajal D/O Sonu Ram R/O Sarai Bajaura, aged about 15 years. Mobile No.xxxxxxx, Stated that I am resident of above said address. I am getting study in 10th class in Government Senior Secondary School, Chandumajra. We are two sisters. My younger sister residing with my mother at Kaithal. I am residing with my grandmother Jarnail Kaur Wife of Gurdeep Singh as well as with my father Sonu Ram. Because of the summer vacations in the school, I used to stay at home. On dated 18.06.2022; my father and my grandmother have gone out of house due to some work. I was alone in the house and was laying on the bed and it will be 10 AM that Hardeep Singh @ Deepi son of Nirmal Singh who is resident of our village suddenly entered into my room. I stood up and he started molestation. He said to grab his urinary part and said to do everything and he will give money as much she will ask. When, I raised noise, Hardeep Singh @ Deepi ran away from the house. In the evening, I had told about this to my grandmother Jarnail Kaur. Because of the fear of defame in the society, my grandmother asked me to keep silence. Today, I along with my grandmother have gathered courage and were coming to inform you, you have met us near the firni of Sarai Banjara. I have recorded my statement before you, which has been read over to me and is correct. Action be taken against Hardeep Singh @ Deepi. Sd. Kajal. Statement verified by RTI Jarnail Kaur, Attested. Sd. Navdeep Kaur. S.I. P.S Sadar Rajpura. Dated: 24.06.2022."

    (ii) The challan (report under Section 173 of Cr.P.C. of 1973) was filed by the Police in which Section 451 of IPC was deleted and Sections 354A and 195A of IPC were added. The relevant portion of the said report, as spelt out in the petition, is as follows:

    "Respected Sir, The brief facts of the case are to the effect that on dated 24.06.2022, Lady C. Navdeep Kaur 25/LPCT along with ASI Sukhwant Singh 3080/PTA, ASI Tarlok Singh 3111/Pta., PHG Fakir Nath 18159 were present at Village Sarai Banjara, then complainant of the case Kajal daughter of Sonu Ram resident of Village Sarai Banjara, Tehsil Rajpura, District Patiala along with her grandmother Jarnail Kaur wife of Hardeep Singh recorded her statement to C. Navneet Kaur, the contents of which as follows: "Stated that I am resident of above address and studying in 10th Standard at Government Senior Secondary School, Chandumajra. We are two sisters. Younger sister Simran is residing at Kaithal along with my mother. Here I am residing with my grandmother Jarnail Kaur wife of Gurdeep Singh and my father Sonu Ram. Due to summer holiday from School I used to reside at home. On dated 18.06.2022 my father and my grandmother had gone out of the house for work, I was alone at home and was lying on the bed in my room. Then at about 10:00 AM, our villager Hardeep Singh alias Dipi son of Nirmal Singh suddenly c

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