IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8393-2025 Date of decision : 23.02.2026 Sandeep Singh alias Sandeep ...... Petitioner V/S State of Punjab and Anr.

..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI Present: Mr. Krishan Kumar Thakur, Advocate for petitioner.

Mr. Jasjit Singh Rattu, DAG, Punjab.

None for respondent No.2.

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AMARJOT BHATTI J. (ORAL)

1. Petitioner – Sandeep Singh alias Sandeep has filed this petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.0064 dated 01.06.2023, registered under Section 376 of IPC 1860 at Police Station Cantt. Ferozepur, District Ferozepur (Annexure P-2) and all subsequent proceedings in pursuance of judgments passed by Hon'ble Supreme Court of India and further issuance of necessary direction to the trial court for speedy trial of the case or any other direction which the court may deem fit in the given facts and circumstances of the case.

2. As per the facts of the case, FIR is lodged on the statement of ‘M.R.’ who was working as Clerk in Dairy Development Department, Ferozepur, for the last three years. She alleged that about two years ago, she came in contact with Sandeep Singh, who was P.A.P. employee and was posted in District Moga. They remained in relationship for two years. Sandeep Singh had promised to marry her, but later on, he refused. She filed a complaint bearing No.2343 in Public Grievances Division, Punjab Police. On the assurance of respectables, Sandeep Singh and his father requested for six months time and stated that their marriage will be performed in March 2023. Sandeep Singh also furnished affidavit in this regard. Due to said assurance, she did not take any action against Sandeep Singh. Now, he has refused to marry her and further stated that said assurance was given to avoid any action against him by the police. Thereafter, complaint was filed on the basis of which present FIR has been lodged.

3. Learned counsel for petitioner argued that prosecutrix has concocted a false story levelling allegations of rape. Earlier, she had filed a complaint addressed to Senior Superintendent of Police, Firozepur dated 16.02.2023 (Annexure P-1). In fact, no offence is made out against him. They were in consensual relationship. Petitioner is serving as Constable in Police Department, District Moga. He is a family-oriented man. Due to difference in temperament, they parted ways. She never had cordial relations with his family. This FIR has been lodged only to harass him. There is inordinate delay of three years in lodging the report. To support his arguments, learned counsel for petitioner has referred to the judgment of Supreme Court of India, Division Bench, in Criminal Appeal No… of 2025 (arising out of SLP(Crl.) No.10044 of 2024) decided on 26.05.2025 titled “Amol Bhagwan Nehul v. The State of Maharashtra and Anr.” cited in(2025) AIR(SC) 2629, where it was finally observed in para No.9 as under:-

“9. In our considered view, this is also not a case where there was a false promise to marry to begin with. A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of the State. Such conduct not only burdens the Courts, but blots the identity of an individual accused of such a heinous offence. This Court has time and again warned against the misuse of the provisions, and has termed it a folly {3} to treat each breach of promise to marry as a false promise and prosecute a person for an offence under Section

376 IPC.”

In the case in hand, challan is already presented, but the charges are yet to be framed. Copy of challan report is Annexure P-3. Petitioner is a respectable person of young age. He is working in Police Department as Constable. His future is at stake. In the light of aforesaid factual position, FIR No.0064 dated 01.06.2023 (Annexure P-2) and all subsequent proceedings arising thereon are liable to be quashed.

4. Notice of petition was given to bot