267 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-41256-2018 Date of Decision:- 17.03.2025 Yadwinder Singh @ Sunny ...Petitioner Versus State of Punjab and another ...Respondents CORAM:- HON’BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Sandeep Sharma, Advocate for Mr. Vaneet Sharma, Advocate for the petitioner.

Mr. Malkit Singh Dhillon, D.A.G. Punjab.

Ms. G.K. Mann, Senior Advocate with Mr. Sanjeev Kumar Sharma, Advocate and Mr. Anmol Jeevan Singh Gill, Advocate for respondent No. 2.

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AMARJOT BHATTI, J. (Oral)

1. Petitioner Yadwinder Singh @ Sunny filed petition under Section 482 Cr.P.C. for quashing of FIR No. 273 dated 07.11.2016 under Section 306 of IPC registered at Police Station Chherretta, Amritsar City, District Amritsar (Annexure P-1) and all consequential proceedings arising therefrom.

2. As per the facts of case narrated in FIR No. 273 dated 07.11.2016 (supra) (Annexure P-1), statement of complainant Surinder Kaur was recorded who stated that victim was her elder daughter namely Pardeep Kaur who was working as Government Advocate posted at Amritsar. On 06.11.2016, her husband had gone to Jalandhar to attend wedding in relation. She and her daughter were alone in house. Her daughter was reading some documents in the upper portion of house. At about 05:30 PM, Gursher Singh a private Advocate who was known to her daughter came to their house and asked about whereabouts of Pardeep Kaur. Complainant told him that she was studying upstairs in her room. He disclosed that he had called her twice but she did not answer the call. She along with Gurmej Singh went upstairs and noticed that door of room was closed and when she opened the room, at that time she was vomiting. She (complainant) called Tejinder Singh, friend of her son. They took her to Arora Hospital and thereafter, to Escort Hospital in an Ambulance. Her daughter expired at about 11:30 PM during her treatment in Escort Hospital. Reason behind her death was her daughter and Yadwinder Singh @ Sunny were having good relations with each other. Yadwinder Singh was also Government Advocate posted at Batala. In the year 2015, Yadwinder Singh @ Sunny came to their house and told her that they should not look for marriage of Pardeep as they liked each other and he will make his father understand and then they will get married. Later on, Yadwinder Singh backed out from marrying her daughter. She (victim) had disclosed this fact to them. Being fed up with Yadwinder Singh, she committed suicide by consuming poisonous substance. Complainant alleged that Yadwinder Singh was responsible for the death of her daughter.

With these allegations, present FIR was registered.

3. Learned counsel for petitioner argued that petitioner was appointed as Additional District Attorney in the year 2014 and at the time of filing of petition he was posted at Bathinda. Daughter of complainant Pardeep Kaur was also selected as Additional District Attorney in same batch and was posted at Amritsar. Being in the same field and having been selected together they were close friends and they used to interact with each other on phone. They also used to go out along with other friends whenever he was in Amritsar. There was no assurance on his part at any point of time that he would marry Pardeep Kaur. Therefore, allegations detailed in FIR are false. In fact, petitioner was interested in appearing competitive exams held by UPSC as well as for PCS Judicial Branch. It is argued that even if contents of FIR are taken to be true, no offence under Section 306 of IPC is made out. There is nothing on record to show that he instigated or abetted deceased victim to commit suicide. Complainant again gave supplementary statement (Annexure P-2) on 09.11.2016 by giving improved version. In the case in hand, no proper investigation was carried out. Investigating Officer instead of sending mobile phone for analysis from an expert, he got prepared transcript of conversation allegedly recorded in mobile phone. I