IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CRR-2910-2025 DATE OF DECISION: January 12, 2026 Harmit Singh ......Petitioner Versus State of Punjab and another ......Respondents CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Inderjit Sharma, Advocate, for the petitioner.

Mr. Neeraj Madaan, Senior DAG, Punjab.

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SANJAY VASHISTH, J.

1. Aggrieved by the order dated 01.08.2024, passed by learned Principal Magistrate, Juvenile Justice Board, Gurdaspur, as affirmed in appeal by the learned Additional Sessions Judge, Gurdaspur (Appellate Court), vide judgment dated 18.10.2025, petitioner – Harmit Singh, who is son of complainant/victim Narinderjit Kaur (since deceased), has preferred the instant criminal revision petition under Section 401 Cr.P.C.

2. Facts of the present case are that on the statement of Narinderjit Kaur, FIR No. 85, dated 25.06.2020, under Section 307 IPC (Section 302 IPC was added lateron), was registered at Police Station Tibber, District Gurdaspur, against her daughter-in-law, namely, Komalpreet Kaur (respondent No. 2 herein) with the allegations that Komalpreet Kaur used to quarrel with the complainant over petty domestic/household works. Once such quarrel had taken place on 23.06.2020, when Harmit Singh (son of the complainant) was not present in the home. When complainant asked her daughter-in-law as to why she was abusing her, then Komalpreet Kaur replied that she would finish the matter/disputes forever. Thereafter, when the complainant was lying on bed in her room, at about 04.00 p.m., then Komalpreet Kaur poured Kerosene oil and lit the fire, with an intention to kill the complainant. She came out of the room and raised alarm ‘Maar-ditta, Maar-Ditta’, and tried to save herself by pouring water using the bucket lying near the hand pump. Komalpreet Kaur kept standing there and did not try to save the complainant. All the neighbourers gathered there and meanwhile daughter of complainant, namely, Paramjit Kaur and her husband Dildar Singh also reached on the spot and shifted the complainant to the Civil Hospital, Gurdaspur, for treatment. Later on she was referred for further treatment to Guru Nanak Dev Hospital, Amritsar, on 24.06.2020.

Complainant – Narinderjit Kaur scummed to burn injuries and died on 22.07.2020. After recording of G.D. No. 21, dated 22.07.2020 (Annexure P-2), offence under Section 302 IPC was added in the FIR.

3. It is alleged that police conducted the investigation in a defective and biased manner, and instead of filing report under Section 173 Cr.P.C. against the accused, submitted cancellation report, dated 30.12.2020 (Annexure P-3). Thereupon, petitioner filed an application under Section 156(3) Cr.P.C. (Annexure P-4), for directing the police to conduct free, fair and impartial investigation. Even the cancellation report was rejected by the Court of learned Additional Chief Judicial Magistrate, Gurdaspur, and ordered that the accused Komalpreet Kaur be summoned to face trial under Section 302 IPC, vide order dated

08.02.2023 (Annexure P-5).

4. Komalpreet Kaur was granted anticipatory bail by the Court of learned Sessions Judge, Gurdaspur, vide order dated 04.10.2023 (Annexure P-6). Komalpreet Kaur also filed an application (Annexure P- 7) in the Court of Sessions Judge, Gurdaspur, for declaring her as minor at the time of alleged occurrence i.e. 23.06.2020, by claiming her date of birth as 04.06.2003, and that she was 17 years and 19 days old on the said date.

The said application was opposed by the State by filing reply (Annexure P-8). It was contended that accused was already major at the time of occurrence as she was married with Harmit Singh on attaining the age of majority, and there was no requirement for determining her age. Her date of birth, as 04.06.2003, was also denied.

The Court of learned Sessions Judge, Gurdaspur, allowed the application, vide order dated 20.02.2024 (Annexure P-9), and directed the accused/respondent No. 2 to appear before the Juven