Punjab-Haryana High Court
Xxxxxxxxxxxx vs Xxxxxxxxxxxx on 13 March, 2026
CRM-M-6614
6614-2024 (O&M) -1-
121
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM
CRM-M-6614-2024 (O&M)
Date of Decision:
Decision:-13.03.2026
Gurpreet Kaur ...Petitioner
Versus
State of Punjab and others ...Respondents
CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present:- Mr. Abdul Aziz, Advocate
Mr
f the petitioner.
for
Mr. Jasjit Singh Rattu, DAG, Punjab.
Mr. Shahin Hussan,
Hussa Advocate
for respondent No. 5.
****
AMARJOT BHATTI, J.
1. Petitioner 'GK' has filed petition under Section 482 Cr.P.C. for quashing of Kalandra bearing Rapat No. 13 dated 12.07.2023 (Annexure P P-
6) filed under Section 182 IPC and subsequent proceedings arising out of the same.
2. As per the facts narrated narrated in Kalandra under Section 182 IPC registered at Police Station Sandaur (Annexure P P-6), complainant 'GK' filed written complaint from time to time against Shiv Kumar, Janak Rani, Jaspal Kaur, Preeti, Ashwani, Tannu, Ravi, Manpreet Singh, Surat Singh, Harbans Singh, Avtar Singh, Sukhwinder Singh and Gurpreet Kaur, wit with allegations ions of rape committed by Shiv Kumar repeatedly on the pretext of marriage. Initial inquiry was conducted by Deputy Superintendent of Police (Crime against Women and Children), Malerkotla Malerkotla. Later on another inquiry LALIT SHARMA 2026.03.18 18:08 I attest to the accuracy and integrity of this document CRM-M-6614 6614-2024 (O&M) -2- was conducted by Deputy Superintendent of Police, Malerkotla in view of the order dated 25.05.2023 in CRM-W-751-2023 CRM 2023 in/and CRWP-5100-2023 passed by Punjab and Haryana High Court dated 25.05.2023 (Annexure P-
5). Itt was observed that Investigating Officer should investigate the matter and in case itt was found that a false complaint was filed by petitioner, then to initiate action against her under Section 182 IPC. Senior Superintendent of Police, Malerkotla marked inquiry to Deputy Superintendent of Police, Malerkotla vide order No. 844/PC dated 01.06.2023 01.06.2023 and as per that report, it was observed that no offence under Section 376(2)(N) was made out and finally, proceedings were initiated under Section 182 IPC. Feeling aggrieved of Kalandra presented against petitioner, she has filed present petition.
3. Learned counsel representing petitioner argued that respondent No. 5 Shiv Kumar and petitioner 'GK' were neighbour neighbourers. Respondent No.5 committed rape upon her on the pretext of marriage, but later on refused to marry her. She filed complaint dated 31.0 31.08.2022 (Annexure P-1), which was marked to Superintendent of Police, Crime against Women and Children, Malerkotla. Both parties appeared and got their statements recorded on 14.09.2022, 14.09.2022, which are Annexures P P-2 and P-3. It was decided that petitioner will get get a decree of divorce and thereafter, petitioner and respondent No. 5 will perform marriage. Later on, petitioner got a decree of divorce, but again respondent No. 5 Shiv Kumar refused to marry her and gave her beatings. She again filed a complaint dated 31.03.2023 (Annexure P-4).
4). She was being harassed by respondent No. 5 and others and for this reason, she filed CRWP-5100-2023 CRWP before the High Court Court, in which order LALIT SHARMA 2026.03.18 18:08 I attest to the accuracy and integrity of this document CRM-M-6614 6614-2024 (O&M) -3- dated 25.05.2023 was passed (Annexure P-
P-5). Thereafter, complaint filed by petitioner was consigned consigned to record room and Kalandra was presented under Section 182 IPC vide Rapat No. 13 dated 12.07.2023 (Annexure P P-
6).
It is argued that complaint filed by petitioner disclosed about the commission of offence which is cognizable offence and in first inquiry report dated 17.05.2023 (Annexure P-7), P 7), it was confirmed that respondent No. 5 had committed offence falling under Section 376(2)(N) IPC IPC, even then by holding another inquiry by DSP, Malerkotla of the same rank, it was concluded that no offence was was made out. Second inquiry was not conducted by senior Police Officer. Therefore, on the basis of second inquiry report, Kalandra under Section 182 IPC could have not been presented. In fact, petitioner has been victimized.
4. On the other hand, learned counsel representing State of Punjab ass well as learned counsel representing respondent No. 5 confirmed the factual position. It is pointed out that in the light of order dated 25.05.2023 (Annexure P-5) P 5) passed by the High Court, Deputy Superintendent of Police, lice, Sub Division Malerko Malerkotla was again entrusted to inquire the matter matte by Superintendent of Police, Malerkotla vide letter No. 844/PC dated 01.06.2023, who submitted his detailed report vide No. 428/5-P/DSM P/DSM dated 07.07.2023. In said detailed report, it wa was revealed that petitioner was earlier married to Kuldeep Singh Singh. She had two grown up children, daughter aged about 16 years and son aged about 14 years. She started living in village Maholi Kalan. Respondent No. 5 Shiv Kumar was residing in foreign country i.e Nigeria on 09.09.2019 and they were in LALIT SHARMA 2026.03.18 18:08 I attest to the accuracy and integrity of this document CRM-M-6614 6614-2024 (O&M) -4- contact with each other on phone. Respondent No. 5 Shiv Kumar came to India on 07.05.2021.
07.05.2021. Petitioner levelled allegations of rape while she was residing in a rented house on 08.05.2021. Factual position was verified and it was revealed that house was already sold and petitioner was not residing there. It was transpired that both were in consensual relationship. She was a married lady, having two children and fully knew about the fate of her relationship. Respondent No. 5-Shiv Shiv Kumar filed application bearing No.2034/P dated 29.08.2022 to Senior Superintendent of Police, Malerkotla that petitioner 'GK' was threatening and blackmailing him. It was concluded inn the inquiry report that 'GK' was in relationship with Shiv Kumar with her own free will and it was recommended to initiate proceedings under Section 182 IPC against petitioner. In subsequent status report, petitioner has placed on record complaint filed under Section 195 Cr.P.C. (Annexure R-1/T), R 1/T), duly signed by Senior Superintendent of Police, Malerkotla. It is pointed out that Kalandra is already presented on 19.07.2023. Notice of Accusation was served on 23.11.2023 and now matter is pending for prosecution evidence.
5. I have considered the aforesaid factual position. It is matter of record that initially inquiry was conducted by Deputy Superintendent of Police, Crime against a Women and Children,, who submitted his report dated 17.05.2023 (Annexure P-7).
P 7). As per that inquiry report, it was recommended to proceed against respondent No. 55-Shiv Kumar for committing offence under Section 376(2)(N) IPC. Petitioner 'GK' had approached ached this Court seeking protection of her life and liberty by filing CRWP-5100 5100-2023, 2023, in which there is order dated 25.05.2023 (Annexure P P-
LALIT SHARMA 2026.03.18 18:08 I attest to the accuracy and integrity of this document CRM-M-6614 6614-2024 (O&M) -5- 5) passed by this High Court,
Court wherein relevant portion of order reads as under:-
"
"xxxx In view of the specific definition of "rape" as defined under Section 375 IPC, no case is made out of rape. If the Investigating Officer reaches to a conclusion that a false report has been filed by the petitioner, they would be free to initiate action against the petitioner for lodging the false complaint under Section 182 IPC. Report regarding the same shall be filed on or before the date fixed by this Court.
List this again on 27.07.2023.
27.07.2023."
On this basis, Senior Superintendent of Police, Malerkotla marked second inquiry to Deputy Deputy Superintendent of Police, Malerkotla Malerkotla, who came to conclusion that offence under Section 376 IPC was not made out and recommended to initiate proceedings under Section 182 IPC. On the basis of this report, Kalandra was presented, duly signed by Senior Superintendent of Police, Malerkotla (Annexure R R-1/T). After presentation of this Kalandra, there is nothing on record to show that present petitioner filed any private complaint against respondent No. 55-Shiv Kumar with allegations of rape. On the complaint filed by petitioner petitioner, no FIR was lodged, rather Kalandra has been presented under the provisions of Section 182 IPC. Stand taken by petitioner and contents of Kalandra is matter of trial. At this stage, no observation can be given with regards to truthfulness of allegations levelled by petitioner or the factual position on the basis of which aforesaid Kalandra has been presented. Prosecution evidence is yet to start.
LALIT SHARMA 2026.03.18 18:08 I attest to the accuracy and integrity of this document CRM-M-6614 6614-2024 (O&M) -6-
Consequently, in view of aforesaid factual position, I do not find it appropriate appropri to quash Kalandra bearing Rapat No. 13 dated 12.07.2023 (Annexure P-6) P 6) under Section 182 IPC and petition filed by petitioner is, accordingly dismissed.
6. My above observation is made only for disposal of present petition and it will have no bearing on merits of case pending before the trial Court.
7. Pending miscellaneous application(s), if any, stand disposed of accordingly as well.
13.03.2026 (AMARJOT BHATTI)
lalit JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
LALIT SHARMA
2026.03.18 18:08
I attest to the accuracy and
integrity of this document