IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURPREET KAUR @ GURMEJ KAUR – Appellant
Versus
STATE OF PUNJAB AND ANR – Respondent
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
201 CRM-M-22572-2018 (O&M) Date of decision : 16.09.2025 Gurpreet Kaur @ Gurmej Kaur ...Petitioner Versus State of Punjab and another ...Respondents CORAM:- HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Ms. G. K. Mann, Senior Advocate with Ms. Simrat Kaur, Advocate for the petitioner.
Ms. Sakshi Bakshi, AAG, Punjab.
Mr. Jasraj Singh, Advocate and Mr. Anmol Jeevan Singh Gill, Advocate for legal heirs of respondent No. 2.
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MANISHA BATRA, J. (Oral)
1. The present petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) seeking quashing of FIR No. 117 dated 04.09.2017, registered under Section 306 read with Section 34 of IPC at Police Station Bullowal, District Hoshiarpur along with all the subsequent proceedings having emanated therefrom.
2. Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of the statement recorded by complainant Sibo Devi (since deceased) alleging therein that her youngest son Jasbir Singh @ Jassu (victim) was married to the present petitioner. The petitioner had filed a case against him. It was alleged that the petitioner, her brother Karnail Singh @ Kailo, her father Lekh Raj and Baldev Singh @ Devi had been harassing the victim. On 03.09.2017, at about 06:00 PM, the victim went into his room and committed suicide by hanging himself with a wire due to the harassment caused by aforesaid persons. The complainant prayed for taking action in the matter. On the basis of statement of the complainant, a case under Section 306 of IPC read with Section 34 of IPC was registered. Postmortem examination of the dead body of the victim and inquest proceedings were conducted. The petitioner was arrested on 08.11.2017. Subsequently, she was released on bail. Co-accused Lekh Raj and Baldev Singh were found to be innocent during the course of investigation. After completion of investigation, challan was presented against the present petitioner and co-
accused Karnail Singh and Gurpreet Kaur.
3. It is argued by learned counsel for the petitioner that she has been falsely implicated in this case. The allegations in the FIR, even if presumed to be correct on the face of the record, did not constitute any offence of abetment to commit suicide by the victim. The petitioner had got registered an FIR bearing No. 105 on 04.10.2016, under Sections 328 and 34 of IPC against the victim, whereas he committed suicide in the year 2017. Even otherwise, the petitioner was exercising her statutory right by getting that FIR lodged and on that account, no allegation can be made against her of abetting suicide by the victim. More so, a compromise had been arrived at between the parties and the said FIR was cancelled on the statement of the petitioner in the year 2016 itself. At the time of occurrence, the petitioner was at her parental house. She has two daughters and her relations with the victim were cordial. In fact, there was a property dispute between the family, due to which, the victim committed suicide. There is nothing on record to show that the victim had previously made any complaint against the petitioner. The investigating agency had not placed any material on record to show that the petitioner had any mens rea to abet the suicide of the victim. The investigating agency had not been able to show any proximate and live link between the suicide of the victim and the act and conduct of the petitioners, which amounted to abetting the same. It is further argued that there is nothing on record to show that there was any instigation on the part of the petitioner in committing suicide by the victim. No harm was proved to have been caused by her. The petitioner is not proved to have played any part or role in the suicidal death of the victim. The allegations as levelled against the petitiones are far fetched, highly improbable and
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