IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (279)

Reserved on : 26.08.2025 Date of decision:28.08.2025 Asha Sharma …... Petitioner V/s State of Haryana and anr.

...Respondent(s)

CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Nikhil Mittal, Advocate, For the petitioner.

Mr. Vipul Sherwal, AAG, Haryana.

****

JASJIT SINGH BEDI, J. (Oral)

The prayer in the present petition under Section 482 Cr.P.C. is for quashing of the General Diary Entry No.23 dated 29.08.2023 (Annexure P-7) under Section 182 IPC, complaint No.CHI No.2055 of 2023 under Section 182 IPC dated 17.11.2023 (Annexure P-9) pending before the Judicial Magistrate Yamuna Nagar and impugned summoning order dated 17.11.2023 (Annexure P-10) passed in the above-mentioned complaint (Annexure P-9) alongwith all consequential proceedings arising therefrom.

2. The brief facts of the case are that the petitioner got registered an FIR No.13 dated 13.01.2021 under Sections 354, 384 and 506 at Police Station Gandhi Nagar, Yamuna Nagar against Sanjay Kumar, Gajendra Rana and Rajesh Sethi. The police prepared a cancellation report dated 31.08.2021 on the ground that the allegations were not confirmed during investigation. Copies of the FIR No.13 dated 13.01.2021 and the cancellation report dated 31.08.2021 are attached as Annexure P-1 and P-2 to the petition.

3. The petitioner got registered another FIR No. 209 dated 30.05.2022 under Sections 170, 420 IPC at Police Station Gandhi Nagar, District Yamuna Nagar against Hemlata, Sanjay Kumar and Gajendra Rana. The police prepared a cancellation report dated 10.09.2022 on the ground that a faulty investigation had been conducted by the police. Copies of the FIR No.209 dated 30.05.2022 and the cancellation report dated 10.09.2022 are attached as Annexures P-3 and P-4 to the petition.

4. On 12.06.2023, Sanjay Kumar Verma, an accused in both the cases gave a complaint under Section 182 IPC to the Chief Minister of Haryana against the petitioner. On the basis of the said complaint, a General Diary entry was made at Police Station Gandhi Nagar, Yamuna Nagar under Section 182 IPC on 29.08.2023. A copy of the same is attached as Annexure P-7 to the petition.

5. The kalandra under Section 182 IPCV was presented before the Trial Court at Yamuna Nagar in which notice was issued to the petition on 17.11.2023. The copies of the kalandra and notice are attached as Annexure P-9 and P-10 to the petition. Meanwhile, the petitioner filed a protest petition before the Trial Court at Yamuna Nagar in FIR No.209 dated

30.05.2022 (Annexure P-3) which was ordered to be treated as a complaint case.

6. The learned counsel for the petitioner contends that admittedly, the cancellation reports in FIR No.13 dated 13.01.2021 and FIR No.209 dated 30.05.2022 were presented on 31.08.2021 and 10.09.2022 respectively. The kalandra under Section 182 IPC was submitted in the Court on 29.08.2023 (Annexure P-7) and the petitioner was summoned vide order dated 17.11.2023 (Annexure P-10). As the maximum sentence which can be imposed upon the petitioner is 06 months’ imprisonment under Section 182 IPC, in terms of Section 468 Cr.P.C. there is a bar for the Court to take the cognizance of the offence beyond a period of one year from the date of which the offence is allegedly committed. He, therefore, contends that the General Diary Entry No.23 dated 29.08.2023 (Annexure P-7) under Section 182 IPC, complaint No.CHI No.2055 of 2023 under Section 182 IPC dated 17.11.2023 (Annexure P-9) and the impugned summoning order dated 17.11.2023 (Annexure P-10) are liable to be quashed.

7. The learned counsel for the State, on the other hand, while referring to the reply dated 01.03.2025 contends that it was found during the investigation in FIR No.13 dated 13.01.2021 and FIR No.209 dated 30.05.2022that the allegations levelled by the petitioner were false. Therefore, proceedings under Section 182 IPC have been rightly initiated against the petitioner. He, however, has not disputed the