Punjab-Haryana High Court
Bakhshish Singh vs State Of Punjab And Another on 6 August, 2013
Author: Sabina
Bench: Sabina
Crl. Misc. No. M-6337 of 2013 (O&M) -1-
In the High Court of Punjab and Haryana at Chandigarh
Crl. Misc. No. M-6337 of 2013 (O&M)
Date of Decision: 6.8.2013.
Bakhshish Singh ......Petitioner
Versus
State of Punjab and another .....Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Anshuman Narula, Advocate for
Mr. V.K.Bali, Advocate
for the petitioner.
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SABINA, J.
Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) challenging the order dated 2.7.2011 (Annexure P-1) and judgment dated 10.1.2013 (Annexure P-2).
Petitioner approached the Magistrate under Section 156(3) Cr.P.C. seeking direction for registration of FIR against respondent No. 2 Gurinder Singh @ Rajwinder Singh on the allegations of cheating. The Magistrate vide order dated 2.7.2011 (Annexure P-1) dismissed the application on the ground that the matter in consideration was stale in nature. Aggrieved against the said order, petitioner preferred a revision petition and the same was dismissed by the Court of Revision vide order dated 10.1.2013 (Annexure P-2). A perusal of the said order reveals that marriage of Gurinder Singh with Gurmej Singh Gurpreet 2013.08.13 13:46 I attest to the accuracy and integrity of this document chandigarh Crl. Misc. No. M-6337 of 2013 (O&M) -2- Kaur stood dissolved by a decree of divorce dated 22.8.2008 passed by a Canadian Court. Now father of Gurmej Kaur has approached the Magistrate that FIR be registered against respondent No. 2 Gurinder Singh on the allegations that he had cheated his daughter Gurmej Kaur at the time of their marriage by making false representation qua his marital status. Marriage of Gurmej Kaur and Gurinder Singh was solemnized on 30.11.2000. Thereafter, Gurinder Singh and Gurmej Kaur got a decree of divorce in Canada on 22.8.2008. Application was moved by the petitioner on 14.6.2011 for a direction to the police to register FIR against Gurinder Singh. The Magistrate rightly held that the dispute was stale and, hence, the application under Section 156(3) Cr.P.C. was liable to be dismissed.
No ground for interference is made out.
Dismissed.
(SABINA) JUDGE August 06, 2013 Gurpreet Singh Gurpreet 2013.08.13 13:46 I attest to the accuracy and integrity of this document chandigarh