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2025 Supreme(Online)(P&H) 25887

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent



251 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-66479-2025 (O&M) Date of decision: 23.01.2026 DR. SACHIN SHARMA ...Petitioner Versus STATE OF PUNJAB AND ANOTHER ...Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Atul Goyal, Advocate for the petitioner.

Ms. Aakanksha Gupta, AAG, Punjab.

Mr. Kanav Goyal, Advocate (Legal Aid Counsel)

for respondent No.2.

****

KIRTI SINGH, J. (ORAL)

1. The instant petition has been filed under Section 528 of BNSS 2023 seeking quashing of FIR No.159 dated 17.07.2025, under Section 64 BNS (Section 64 BNS deleted and Section 69 BNS added later on), registered at Police Station Jandiala Guru, District Amritsar (Rural) as well as report under Section 193(2) BNSS i.e. challan dated 29.10.2025 (Annexure P-1) and all other consequential proceedings arising therefrom.

2. The brief factual matrix relevant and essential for disposal of the present petition, is that the instant FIR was registered as per the directions of the Senior Superintendent of Police, Amritsar Rural pursuant to the recommendation of the Superintendent of Police (Investigation), Amritsar Rural, for the registration of the FIR and investigation against the petitioner by submitting a detailed report dated 15.07.2025 after disapproving the findings of the report dated 03.07.2025 submitted by the Deputy Superintendent of Police (Crime against Women & Children), Amritsar (Rural) after verifying the allegations of the complainant/ prosecutrix made by her in her complaint No.90-Dasti dated 15.06.2025 given to the In-charge, Women Cell, Amritsar (Rural) and 507-AP dated 17.06.2025 filed in the office of the Senior Superintendent of Police, Amritsar (Rural). In the aforesaid complaint, it is alleged that the petitioner had committed rape with her against her consent on 13.06.2025 in the office of his hospital by making a false promise of marriage and thereafter, refused to solemnize marriage with her. She further narrated the incident that her first marriage was solemnized in the year 2005 and the said marriage was dissolved by way of decree of divorce in the year 2023. With the intention of resettling, she created a profile on a matrimonial site (bharatmatrimony), where she received a request from the present petitioner, which she accepted, after she both the parties started talking to each other regularly on mobile phone. On 11.06.2025, the petitioner introduced the complainant with his parents and informed that he is divorced and is having an 8 year old son. On 12.06.2025, the petitioner invited her for a movie at Triliom Mall. On the next date i.e. on 13.06.2025, the petitioner took the complainant to his hospital, which is in the name and style of Prakashvati Hospital at Jandiala Guru in his mercedes car. After taking a round of the hospital, the petitioner took the complainant to his office, and there he made physical relations with her on the pretext of performing marriage and then dropped her at her house. On 14.06.2025, when the complainant visited the house of the petitioner, she noticed change in their behaviour, and the petitioner started delaying the marriage. Thereafter, she filed the a complaint against the petitioner, which culminated in the registration of the present FIR.

Submissions made by the learned counsel for the petitioner

3. Learned counsel for the petitioner submits that the present FIR is the outcome of a deliberate and calculated attempt by respondent No.2 to falsely implicate and extort the petitioner. At the outset, it is submitted that respondent No.2 has a history of lodging similar complaints. As many as three FIRs have already been registered at her instance against different individuals, which establishes a consistent pattern of conduct and completely erodes her credibility. The details thereof are as follows:

4. It is submitted that it was in fact respondent No.2 who initiated contact with the petitioner on a matrimonial website by creating a fabricated profile under the name “Pooja”, wh

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