IN THE HIGH COURT FOR THE STATES OF

PUNJAB AND HARYANAAT CHANDIGARH

CRM-M- No. ___________of 2022

Lalit Mahajan …Petitioner

VERSUS
State of Punjab& Another …Respondent

INDEX

S. No. Particulars Date Pages Court Fee

Affixed
Urgent Form ‘A’

1. Petition u/s 438 Cr.P.C.,

2. Affidavit

3. Annexure: P-1 (FIR No. 30) 01.02.2020

4. Annexure P-2 10.10.2017

(Registration Certificate)
5. Annexure P-3
(Application Form)
6. Annexure P-4(Application) 15.06.2017

7. Annexure P-5(Decree) 05.12.2013

8. Annexure P-6 (MLR) 21.05.2018

9. Annexure P-7 (Complaint) 25.05.2018

10. Annexure P-8 (Complaint) 10.08.2018

11. Annexure P-9 (Inquiry Report) 20.04.2019

12. Annexure P-10 (Final Report) 27.04.2022

13. Annexure P-11 (Report) 31.12.2019

 14. Annexure P-12 (Order) 18.01.2022

15. Annexure P-13 (Statement) 20.08.2019

16. Annexure P-14 (Statement) 29.05.2018

17. Annexure P-15 (Order) 24.02.2022

18. Power of Attorney

Vernacular/Original
19. Annexure: P-1 (FIR No. 30) 01.02.2020

Total Court Fee Affixed: Rs. ____

NOTE: That no such or similar petition for grant of bail has earlier been filed
by the Petitioner either in this Hon’ble Court or in the Hon’ble
Supreme Court of India and no such Petition is pending before any
court in India

PLACE: CHANDIGARH
DATED :
Gurmohan Singh Bedi Pawandeep Singh
(P/1433/2012) (P/2182/2014)
Counsel for the Petitioner
 IN THE HIGH COURT FOR THE STATES OF
PUNJAB AND HARYANA AT CHANDIGARH

CRM-M- No. ___________of 2022

Lalit Mahajan …Petitioner

VERSUS
State of Punjab& Another …Respondent

Affixed Court fee Rs. ________ including urgent form fee.

PLACE: CHANDIGARH
DATED :
Gurmohan Singh BediPawandeep Singh
(P/1433/2012) (P/2182/2014)
Counsel for the Petitioner
 IN THE HIGH COURT FOR THE STATES OF
PUNJABAND HARYANA AT CHANDIGARH

CRM-M-_________of 2022

Lalit Mahajan s/o Gulzarilal Mahajan, aged about 51 years, r/o 1042,

Sector 16, Panchkula, Haryana. (Aadhar No. __________________ &

Mobile No. _____________________)

……Petitioner

Versus

1. State of Punjab

2. Rekha Gupta d/o Late Tirath Ram w/o Lalit Mahajan r/o

Gurudwara WaliGali, Dinanagar, Gurdaspur, Punjab.

…… Respondent

PLACE: CHANDIGARH
DATED :

Gurmohan Singh BediPawandeep Singh

(P/1433/2012) (P/2182/2014)
Counsel for the Petitioner
 First Petition under Section 482, Cr.P.C., 1973, for

quashing of FIR No.30 dated 01.02.2020 U/s 498-

A/406/323 of IPC, 1860, P.S.Dinanagar, Gurdaspur,

Punjab (Annexure P-1), and all consequential

proceedings arising thereto, including the final

report u/s. 173 Cr.P.C. dated 27.04.2022 (Annexure

P-10), inter alia on the grounds that it is an abuse

of the process of law, marred by malafide and has

been registered on a subsequent complaint when

the Petitioner had been found innocent in the First

Enquiry conducted by SP, SAS Nagar vide enquiry

report dated 20.04.2019 (Annexure P- 9); AND

For staying all further proceedings emanating from

FIR No.30 dated 01.02.2020, during the pendency

of the present petition; AND

Any other relief.

Most Respectfully Showeth:

1. That the Petitioner before this Hon’ble Court is a law abiding

citizen of India who has falsely been implicated in the present

FIR by the Complainant /Respondent No.2, who is his wife, only

with an intention to harass the Petitioner and his family and to

extort money out of him.

2. That the sum of allegations levelled in the FIR, are that the

marriage of the Petitioner with the Complainant was

solemnized on 09.10.2017 which was registered at Chandigarh

on 10.10.2017. It was the second marriage of both the parties.

The Complainant has further alleged that a few days after the

marriage the attitude of the Petitioner towards the Complainant

wife changed and he asked her to ask for an amount of Rs. 10

lakhs from her mother. Since the mother of the Complainant

was not in position to arrange this money he then asked to

arrange for 5 lakhs instead, as he needed this money to go to

Dubai. Allegedly, when the Complainant told this to her elder

sister, she in order to save the Complainant’s matrimonial life

gave her Rs. 3 lakhs on 01.12.2017, which in turn was allegedly

given to the Petitioner by the Complainant . The Petitioner

along with his two children and the Complainant then visited

Dubai on 26.12.2017, where allegedly the Petitioner tried to

have unnatural sex with the Complainant and on her refusing

the Petitioner allegedly beat her up and verbally abused her.

Thereafter, it has been alleged that on 26.02.2018 when the

Complainant visited her sister’s house at Mullanpur, SAS Nagar,

she revealed the alleged fantasies of the Petitioner to her

mother and sister. Her mother was shocked at the revelations

and suffered a heart attack 2 days after that and was admitted

to PGI, Chandigarh. The mother of the Complainant then

passed away on 27.04.2018. Furthermore, on 20.05.2018 the

Petitioner forcefully tried to have unnatural sex with the

Complainant and when she protested, the Petitioner allegedly

abused her verbally and drove her out of the matrimonial home

after beating her, left with no other option the Complainant

had to go and stay with her sister at Mullanpur, SAS Nagar. The

Complainant has further alleged that on 21.05.2018 she along

with her nephew- Nikhil had visited the Police Station at

Mullpanur to file a complaint against the Petitioner however,

the SHO refused to take her complaint and instead advised her

that since the matter pertained to Panchkula she must approach

the Women Cell at Panchkula. The Complainant on the advice

of her nephew, in order to crease out matrimonial differences

again went to her matrimonial home on 21.05.2018, where

allegedly the Petitioner again gave her beatings,verbally abused

her and threw her out of the house, after which her nephew

who was waiting close by took her to the Civil Hospital,Sector 6,

Panchkula, where she was joined by her sister. Allegedly the

hospital staff conducted her medical with regards the injuries

she had received consequent to the alleged beatings given by

the Petitioner however, they refused to conduct her medical

with regards the allegations of unnatural sex and instead

advised her to approach police. The Complainant then allegedly

gave a complaint to Women Cell, Panchkula, and requested

 them to get her medical conducted but they refused to get the

same conducted and instead suggested that she must get it

done from a private hospital. She again visited Women Cell at

Panchkula on 22.05.2018 and again they refused to help her

after which she allegedly gave a complaint to SSP, Mohali, which

was sent to Women cell and later to SP, HQ, Mohali, for

inquiry/investigation. The Complainant has further alleged that

she visited the SP, HQ, Mohali, repeatedly but she was only

assured that her complaint was being inquired into. After 10

months of having made the complaint she allegedly visited the

SSP, Mohali, and vide letter dated 19.03.2019 requested that

the inquiry officer of her complaint be changed but the SSP

assured that he would get hr justice and did not change the

inquiry officer. Later, her complaint was closed by the Mohali

police after allegedly a one sided inquiry and without

associating a female officer. The Complainant has further stated

that she is now residing at Dinanagar, Gurdaspur, with her other

sister since her parents did not have their own house. A copy of

the said impugned FIR is annexed herewith as ANNEXURE P-1.

3. That the factual matrix leading to the dispute between the

parties and filing of the present petition may be summed up as

under:-

a) The marriage of the Petitioner was solemnised with

Respondent No.2 on 09.10.2017 as per Hindu Rites and

 Ceremonies at Panchkula, Haryana. It is pertinent to

mention here that this was the second marriage of both the

parties however, Respondent No.2 misrepresented this fact

and concealed her first marriage from him. The first wife of

the Petitioner namely Sonia Mahajan had expired in

December, 2014 and there were two children from the first

marriage one son namely Sarthak and an elder daughter

named Sadhika Mahajan. The match was advertised through

www.jeevansathi.com,wherein Respondent No.2 had

represented herself as never married and did not as

divorced. Thus, she had mislead the Petitioner by

committing fraud with him and inducing him to marry her by

misrepresentation of material facts.

b) The marriage between the parties was registered with the

Registrar of Marriage at Chandigarh and registration

certificate bearing No.2604 dated 10.10.2017. A copy of the

Registration Certificate dated 10.10.2017 is annexed

herewith as ANNEXURE P-2.

c) The Respondent No.2 in the application for Registration of

Marriage in the Office of Registrar of Marriage at

Chandigarh, againmis-represented herself as unmarried

instead of being divorced, which establishes the malafide of

Respondent No.2 from the very inception of marriage

 between the parties. A copy of the Application Form is

annexed herewith as ANNEXURE P-3.

d) After the marriage Respondent No.2 used to occasionally

take money amounting to Rs.1-2 Lakhs from the Petitioner

by stating that she needed the same for her expenses and

shopping however, in December, 2017 she started

pressurising the Petitioner and demanding money for settling

her nephew Shailesh Gupta S/o Naresh Gupta (who is the

son of one of the sisters of Respondent No.2). However,

when the Petitioner expressed his inability for the same

differences developed between the parties.

e) The Petitioner after this came to know that Respondent No.2

was earlier married to one Ashwani Kumar. The Petitioner in

May, 2018 came across a packet containing one letter dated

03.11.2017 from Nitin Chandiramani alongwith which there

were certain documents which reflected that Respondent

No.2 had applied for US Citizenship and Immigration on the

basis of Alien Fiancée K1 Visa. The said application was

accompanied by an affidavit wherein the details of the

previous husband of Respondent No.2 were mentioned as

being Ashwani Kumar and the said application had been filed

in the capacity of being the Fiancée of Nitin Chandiramani. It

is pertinent to mention here that the fact that Respondent

No.2 was earlier married was concealed by Respondent No.2

 from the Petitioner which is evident from a perusal of the

application form before the Registrar of Marriages,

Chandigarh. Copy of the application dated 15.06.2017

alongwith the affidavit are annexed herewith as ANNEXURE

P-4.

f) The aforesaid packed also contained an Ex-Parte Divorce

Decree under Section 13 HMA dated 05.12.2013 titled as

Rekha Gupta Vs. Ashwani Kumar. It is pertinent to mention

herein that the in the grounds for divorce it was cited as

cruelty for inadequate dowry and desertion. Copy of the

said decree dated 05.12.2013 is annexed herewith as

ANNEXURE P-5.

g) That in the meantime the pressure and demand for money

increased from Respondent No.2 and when the Respondent

No.2 was confronted by the Petitioner with the documents,

she flew into rage and after having a verbal duel left the

house of the Petitioner on 20.05.2018 around 1 P.M.,

alongwith her sister and nephew whom she had called on

phone.

h) On 21.05.2018, almost 24 hours after leaving the house of

the Petitioner, Respondent No.2 allegedly got herself

medically examined at Govt. Hospital, Sector 6, Panchkula

wherein no history of any un-natural physical assault is

 mentioned.It is pertinent to mention herein that as per the

contents of the said MLR the time of occurrence of the

offence and hurt was about 6 hours previous to the time of

examination by the said doctor, which is suggestive of the

fact that the injuries reflected in the MLR were suffered by

Respondent No.2 after leaving the house of the Petitioner

hence, the injuries being self inflicted in order to implicate

the Petitioner is established. Copy of the MLR dated

21.05.2018 is annexed herewith as ANNEXURE P-6.

i) The Respondent No.2 thereafter moved a false complaint

dated 25.05.2018, before SSP, Mohali, levelling similar

allegations as she levelled against her previous husband in

the Divorce Petition but in the present complaint she levelled

allegations against the Petitioner trying to have unnatural

sexual relations with her. However, there is no mention of

any specific date on which she was subjected to such

physical atrocity of developing unnatural physical relations

by the Petitioner. A copy of the complaint dated 25.05.2018

moved by Respondent No.2 before SSP, Mohali, is annexed

herewith as ANNEXURE P-7.

j) The Petitioner thereafter being aggrieved against the

cheating and breach of trust by Respondent No.2 moved the

complaint dated 10.08.2018 before SSP, Mohali, against

Respondent No.2, alleging therein that Respondent No.2 had

 filed a false complaint against him and rather she had

entered into the matrimonial alliance with him by

misrepresenting her previous marital status and had thus

committed the offence of breach of trust and cheating. A

copy of the complaint dated 10.08.2018 moved by the

Petitioner before the SSP, Mohali is annexed herewith as

ANNEXURE P-8.

k) The complaint of Respondent No.2 was marked to SP, HQ,

Mohali for enquiry before registration of FIR in terms of the

judgment of the Hon’ble Supreme Court in Lalita Kumari Vs.

Govt. of UP and Others (2008) 7 SCC 16. That the complaint

of the Complainant wife was inquired into by ASI Harbans

Singh by associating the Complainant and the Petitioner.

During the pendency of the complaint before the police

authorities the Petitioner also moved a complaint before

them with regards the misrepresentation of her marital

status as unmarried instead of divorced by the Complainant .

The Incharge, Women Cell, Mohali vide his report dated

11.10.2018, concluded that the allegations against the

Petitioner were false and that it was the Complainant who

at the time of marriage had misrepresented herself as

unmarried instead of divorcee which was the major cause of

matrimonial discord between the parties. The said report of

Incharge, Women Cell, Mohali, was forwarded to the DSP,

 Mohali, who again gave a report dated 17.10.2018 which

ultimately culminated into the detailed report of the SP,

Mohali, dated 20.04.2019, which was then accepted by the

SSP, Mohali, whereby the Petitioner was exonerated on the

following grounds:

i. The Complainant wife in her profile on Jeevansathi.com,

where she met the Petitioner, had misrepresented herself

as “UNMARRIED” while in fact she is a divorced woman.

ii. The Complainant in the affidavit submitted at the time of

registration of the marriage had again mentioned herself

as being “UNMARRIED” instead of divorced. When the

Petitioner came to know about this it became the major

reason for discord between the parties.

iii. The statements made by the Complainant were contrary

to documentary proofs (MLR) submitted by her. The

Complainant had relied upon MLR dated 21.05.2018 to

allege that the 5 injuries shown therein were attributed

by the Petitioner. The MLR mentioned that she had

reached the hospital on 21.05.2018 at around 2:00PM

and the injuries had been attributed within 6 hours,

whereas in the statement to police she had said that

these injuries had been given to her by her husband on

20.05.2018, which was way beyond this period of 6 hours.

 Thus, the version of the Complainant was contrary to the

documentary material on record.

iv. There was no truth in the allegations of demanding dowry

from the Complainant .

A copy of the inquiry report dated 20.04.2019 by the

Superintendent of Police, SAS Nagar, is annexed herewith

as ANNEXURE P-9.

l) Thereafter, Respondent No.2 in order to mislead the Police

Authoritiesmoved another application before the DGP,

Punjab, improvising her earlier Complaint and in an attempt

to create fresh jurisdiction stated therein that she was now

living at Dinanagar, Gurdsaspur sister and therefore, sought

reinvestigation into the matter by authorities at Dinanagar.

Moreover, in order to oust the finding given by the SP,

Headquarters, SAS Nagar in his report exonerating the

Petitioner, made further improvement about the facts of the

case and made an additional allegation that after she left the

house of her husband on 20.05.2018 she had again gone

back to her in-laws house on 21.05.2018 when her husband/

Petitioner again verbally abused her and threw her out of the

house after giving her beatings. Thereafter, her nephew

took her to the Civil Hospital, Sector 6, Panchkula where she

was medically examined however, it is alleged that the

 doctors at Civil Hospital, Panchkula did not conduct the

medical of Respondent No.2 with regards her allegations of

being subjected unnatural sexual assault. The Respondent

No.2 sought reinvestigation into the matter on the ground

that the statements recorded by Women Cell, Mohali were

incomplete and some facts had not been recorded therein.

Respondent No.2 therefore sought fresh investigation into

the matter by higher ranked official of some other district.

On the basis of this application by Respondent No.2, the

DGP, Punjab, illegally ordered reinvestigation into the matter

and transferred the same to Dinanagar, Gurdaspur and

marked it to SSP, Gurdaspur.

m) The matter was then investigated into by SP (Investigation),

Gurdaspur, who then deferred with the earlier report of SP

(Hq.), Mohali whereby the Petitioner had been exonerated,

by casually stating therein that the said report by SP (Hq.),

Mohali, had been presented without analysing the real

evidence and by recording incomplete statements of the

Complainant . The SP (Inv.). Gurdaspur conducted fresh

enquiry and without there being any new material before

him to differ with the earlier report of SP (Hq.), Mohali

recommended registration of FIR against the Petitioner.

Thereafter, after taking opinion of Deputy DA (Legal) the

 impugned FIR (Annexure P-1) was registered against the

Petitioner.

n) The final report dated 27.04.2022 under Section 173 Cr.P.C.,

has been filed before the Ld. Trial Court. A perusal of the

said final report would also reveal that there is no concrete

evidence against the Petitioner and the same is based on

contradictory stands and material improvements made by

the Complainant. A copy of the final report dated

27.04.2022 is annexed herewith as ANNEXURE P-10.

o) The final report under Section 173 Cr.P.C. filed before the Ld.

Trial Court is accompanied by the investigation report dated

31.12.2019 by the SP (Inv.), Gurdaspur, suggesting

reinvestigation into the matter. A copy of the report dated

31.12.2019 by SP (Inv.), Gurdaspur is annexed herewith as

ANNEXURE P-11.

p) The final report is also accompanied by an Order made by SP,

Gurdaspur, transferring the investigation of the complaint by

Respondent No.2 to Women Cell, Gurdaspur. A copy of the

said Order dated 18.01.2022 is annexed herewith as

ANNEXURE P-12.

q) The Respondent No.2 made material improvements in her

statement made before the Superintendent of Police, PBI,

Gurdaspur, as against the statement made by her before the

 Women Cell, Mohali. This is suggestive of the fact that the

Complainant /Respondent No.2 in cohorts with Police

Officials of Gurdaspur has misused the process of law by

conducting re-investigation and making material

improvements in her statements after the report of SP (Hq.)

SAS Nagar dated 20.04.2019, exonerating the Petitioner was

filed. A copy of the statement dated 20.08.2019 by

Respondent No.2, made before SP, PBI, Gurdaspur is

annexed herewith as ANNEXURE P-13, and a copy of

statement dated 29.05.2018 made by the Respondent No.2,

before Women Cell, Mohali, is annexed herewith as

ANNEXURE P-14.

r) The Complainant /Respondent No.2 had made the first

complaint before the SSP, Mohali dated 25.05.2018, wherein

she had not mentioned that on 24.05.2018 the Petitioner

had tried to have unnatural physical relations with her and

upon her refusal he had given her beatings and thrown her

out of the house. Thus, the second complaint is only an after

thought and material improvement made by Respondent

no.2, only in order to harass and pressurise the Petitioner.

s) The Petitioner had approached this Hon’ble Court in CRM-M

No.8297 of 2020, seeking the concession of anticipatory bail

in the impugned FIR. This Hon’ble Court had granted interim

protection from arrest to the Petitioner vide Order dated

 23.11.2021. Thereafter, the Petitioner joined investigation

and vide Order dated 24.02.2022 the interim protection

granted to the Petitioner was made absolute and the

aforesaid Petition was allowed. A copy of the Order dated

24.02.2022 is annexed herewith as ANNEXURE P-15.

4. That the impugned FIR (Annexure P-1), and all consequential

proceedings arising thereto, deserve to be quashed interalia on

the following grounds:-

i) Because the FIR against the Petitioner has been

registered consequent to re-investigation, which is

prohibited under law and could not have been resorted to

by the Police Authorities without the direction of a

Constitutional Court.

ii) Because the impugned FIR is apparently an abuse of the

process of law and has been registered against the

Petitioner consequent to re-investigation and material

improvements made by Respondent No.2 in her repeated

statements before the Police Authorities.

iii) Because in the first statement dated 29.05.2018, made by

the Complainant /Respondent No.2 before Women Cell,

Mohali, it has been alleged that she was given beatings by

the Petitioner on 20.05.2018 and she was thrown out of

her matrimonial house by him, after which she called her

sister who took her with her to her house in Mullanpur.

However, in the subsequent statement dated 20.08.2019

made by Respondent No.2/Complainant before SP (PBI),

Gurdaspur, she has made material improvements and has

completely changed her version by stating therein that on

20.05.2018 the Petitioner tried to make questionable

physical relations with her and on her refusal, she was

beaten up by the Petitioner and was thrown out of her

matrimonial house. It has been stated by the

Complainant that thereafter she called her sister and

nephew who took her along to her sister’s house at

Mullanpur. Respondent No.2, while making material

improvements has completely changed the version made

by her in the earlier statement dated 29.05.2018, by

stating that on 21.05.2018 she had gone back to the

Petitioners house with her nephew Nikhil Mahajan when

she was again beaten up by the Petitioner. It is pertinent

to mention here that the aforesaid improvement has

been made by the Complainant /Respondent No.2 in

order to wriggle out of the contradictions between the

documentary evidence in form of MLR dated 21.05.2018

and the version of Complainant in her statement before

Police made on 29.05.2018. Perusal of the MLR dated

21.05.2018 which was conducted at 03:38 PM, shows that

 the probable duration of injury was within 6 hours of the

examination, whereas as per the statement dated

29.05.2018 of the Complainant, the said injuries had been

given to her by the Petitioner on 20.05.2018 i.e. more

than 24 hours before the Medical Examination. Thus,

since the version of Complainant had been proved to be

incorrect and concocted, the SP (Hq.), Mohali vide his

report dated 20.04.2019, had exonerated the Petitioner.

The Complainant in order to wriggle out of the finding of

SP (Hq.), Mohali, further concocted another version in the

form of her statement dated 20.08.2019, made before SP

(PBI), Gurdaspur, and stated therein that the injuries as

reflected in MLR were given to her by the Petitioner on

21.05.2018. Thus, the impugned FIR is an abuse of

process of law.

iv) Because in the First Complaint made by Complainant

dated 25.05.2018 before the SSP, Mohali, it has been

stated that the Petitioner had tried to have unnatural

physical relations with her on 24.05.2018 and on her

refusal to indulge in the same, he had given her beatings

and had thrown her out of the matrimonial house. The

Complainant /Respondent No.2 has been coming up with

contradictory versions one after the other, which is

evident from the contradictory stands/versions brought

 forward by her in the first complaint before SSP, Mohali

dated 25.05.2018, wherein the date of assault has been

mentioned as 24.05.2018; thereafter, in her statement

before the Women Cell, Mohali dated 29.05.2018,

wherein the date of assault by the Petitioner has been

mentioned as 20.05.2018 and further, in her statement

dated 20.08.2019 before SP (PBI), Gurdaspur, wherein the

date of assault by the Petitioner has been mentioned as

20.05.2018 and 21.05.2018. Thus, in light of the aforesaid

contradictions in the versions brought forward by the

Complainant herself, it is apparent that she has been

trying to fill up lacunas and concoct one version after the

other, all in an attempt to falsely implicate the Petitioner

in the impugned FIR. Thus, apparently the impugned FIR

is an abuse of process of law and deserves to be quashed

out rightly.

v) Because the findings recorded by SP (Hq.), SAS Nagar in

his enquiry report dated 20.04.2019 have not been

considered by the Gurdaspur Police before embarking on

the road of re-investigation and registering the impugned

FIR, without giving any plausible reasons whatsoever for

differing with the findings of SP (Hq.), Mohali. The SP

(Inv.), Gurdaspur in his report dated 31.12.2019, while

recommending the registration of FIR against the

 Petitioner has failed to take note of the fact that the

version coming forth from the Complainant after the

report of SP (Hq.), Mohali, was an improvised version of

her statement before the Police at Mohali in order to

wriggle out of the findings given by SP (Hq.), Mohali.

Thus, apparently it is evident that SP (Inv.), Gurdaspur,

while recommending registration of FIR has failed to give

reasons in order to differ with and question the report by

SP (Hq.), Mohali. Therefore, the impugned FIR is an abuse

of process of law and deserves to be quashed.

vi) Because the Ld. Deputy DA, Gurdaspur (Legal) in his legal

opinion, has simply stated that investigation is sole

prerogative of Investigation Agency and recommended

registration of FIR against the Petitioner under Section

406/498-A/323 IPC. The Ld. Deputy DA, Gurdaspur

(Legal) has in his opinion failed to consider the report of

SP (Hq.), Mohali and the findings given by him therein

wherein it has been specifically mentioned that the

Complainant /Respondent No.2 has levelled false

allegations against the Petitioner and that she has moved

the application against the Petitioner in order to put

pressure on him by getting a false case registered. Thus,

there is complete lack of application of mind by the Police

 Authorities before Registration of FIR against the

Petitioner.

vii) Because apparently the Complainant has got the FIR

registered at Dinanagar, Gurdaspur, while it ha been her

constant stand that she was residing with her sister at

Mullanpur, SAS Nagar, before marriage and after the

discord she was again residing with the said sister. A

perusal of the FIR also reveals that a statement has been

made that she is ordinarily a resident of Gurdaspur, only

in order to create territorial jurisdiction at Gurdaspur.

There was no jurisdiction of the Gurdaspur Police to

inquire into the allegations especially considering the fact

that a detailed inquiry had already been done by the

Mohali Police and the complaint had been closed.

Furthermore, a perusal of the marriage certificate of the

parties also reveals that the Complainant was a resident

of Mullanpur, SAS Nagar, before her marriage. Also, the

Complainant in all proceedings before the Mohali Police

as also her complaint has mentioned her address of SAS

Nagar.

viii) Because the impugned FIR is based on is manifestly

attended with mala fide and/or where the proceeding is

maliciously instituted with an ulterior motive for wreaking

 vengeance on the accused and with a view to spite him

due to private and personal grudge.

ix) Because the case of the Petitioner falls within the

parameters as laid down by the Hon’ble Supreme Court in

Bhajan Lal’s case, for quashing of FIR. (1992 CriLJ 527) :

1) Where the allegations made in the First Information

Report or the complaint, even if they are taken at their
face value and accepted in their entirety do not prima
facie constitute any offence or make out a case against
the accused.
2) Where the allegations in the First Information Report
and other materials, if any, accompanying the F.I.R. do not
disclose a cognizable offence, justifying an investigation by
police officers under S.156(1) of the Code except under an
order of a Magistrate within the purview of S.155(2) of the
Code.
3) Where the uncontroverted allegations made in the FIR
or complaint and the evidence collected in support of the
same do not disclose the commission of any offence and
make out a case against the accused.
4) Where, the allegations in the F.I.R. do not constitute a
cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer
without an order of a Magistrate as contemplated under
S.155(2) of the Code.
5) Where the allegations made in the FIR or complaint are
so absurd and inherently improbable on the basis of which
no prudent person can ever reach a just conclusion that
there is sufficient ground for proceeding against the
accused.
 6) Where there is an express legal bar engrafted in any of
the provisions of the Code or the concerned Act (under
which a criminal proceeding is instituted) to the institution
and continuance of the proceedings and/or where there is
a specific provision in the Code or the concerned Act,
providing efficacious redress for the grievance of the
aggrieved party.
7) Where a criminal proceeding is manifestly attended
with mala fide and/or where the proceeding is maliciously
instituted with an ulterior motive for wreaking vengeance
on the accused and with a view to spite him due to private
and personal grudge.”

5. That no such or similar petition has been filed by the Petitioner

either in this Hon’ble Court or in the Hon’ble Supreme Court of

India and no such Petition is pending before any court in India.

6. That the Petitioner is not in immediate possession of certified

copy of Annexure P-1 to P-16 annexed with the instant Petition.

However, true typed and translated copy of the same is being

annexed with the instant Petition for the kind consideration of

this Hon’ble Court. As such, filing of certified/legible copy of

Annexure P-1 to P-16 may kindly be dispensed with and

translated/typed Copy of the same may kindly be taken on

record in the interest of justice, equity and fair play.

It is therefore respectfully prayed that the present

Petition may be allowed and impugned FIR No. 30 dated

01.02.2020 U/s 406/498-A/323 IPC, 1860, P.S.Dinanagar,

 Gurdaspur, Punjab (Annexure P-1) and all consequential

proceedings arising thereto, may be quashed being an abuse of

the process of law; AND

It is further prayed that during the pendency of the

present Petition all further proceedings arising out of the

impugned FIR No. 30 dated 01.02.2020 U/s 406/498-A/323 IPC,

1860, P.S.Dinanagar, Gurdaspur, Punjab may be stayed; AND

It is further prayed that this Hon’ble Court may grant any

other relief that this Court may deem appropriate in the present

matter.

PLACE: CHANDIGARH
DATED :
Gurmohan Singh BediPawandeep Singh
(P/1433/2012) (P/2182/2014)
Counsel for the Petitioner
 IN THE HIGH COURT FOR THE STATES OF
PUNJAB AND HARYANAAT CHANDIGARH

CRM-M- No. ___________of 2020

Lalit Mahajan …Petitioner

VERSUS
State of Punjab …Respondent

Affidavit of Lalit Mahajan s/o Gulzarilal Mahajan, aged

about 51 years, r/o 1042, Sector 16, Panchkula, Haryana.

I, the above named deponent, do hereby solemnly affirm and state on

oath as under:

1. That deponent is the Petitioner in the accompanying Petition and is

fully conversant with the facts of the case and, as such, is competent
to swear the present affidavit.

2. That the accompanying main petition has been drafted by the counsel

for the deponent on the instructions of the deponent and the contents
of the same have been read over and explained to the deponent.

3. That the annexure(s) filed along with the main petition are true

copy/extract of their originals.

4. That no such or similar petition has been filed or is pending before this

Hon’ble Court or any other Court.

DEPONENT
VERIFICATION
I the above named Deponent, do hereby verify and declare that the
facts stated in the above paragraphs of my affidavit are true to my
knowledge. Verified at on this day of 2020

DEPONENT
 ANNEXURE P-1

FIRST INFORMATION REPORT

Under section 154 Cr.P.C.)

1. District Gurdaspur PS : Dinanagar Year 2020

FIR No. 0030 Date and time of FIR 01.02.2020 22:09 hrs

S No. Acts Sections

1. IPC 1860 498-A

2. IPC 1860 406

3. IPC 1860 323

3. Occurrence of Offence- Sunday

Date From-20.05.2018 Date to-20.05.2018

Time Period Pahar 1 Time From-00:00 hours Time to-00:00 hours

Information received at P.S. Date-01.02.2020 at 18:25 hours

General Diary Reference Entry No.038 Date and Time-01.02.2020 at

18:27 hours.

4. Type of Information- Written

5. Place of Occurrence:

Direction and distance from P.S.- East 2 Kms Beat No.

(b) Address- Dinanagar

(c) in case outside the limit of this police station, then

Name of P.S. District (State)

6. Complainant /Informant

(a) Name- Rekha Gupta

(b) Father’s Name- Late Tirath Ram

(c) Date/Year of Birth-1980

(d) Nationality- Indian

(e) UID No.

(f) Passport No. Date of Issue-, Place of Issue

(g) ID details (Ration Card, Voter ID Card, Passport, UID No.

(h) Address

S No. Address Type Address

1. Present Address Gurudwara WaliGali, Dinanagar,

Gurdaspur, Punjab, India.

2. Permanent Address Gurudwara WaliGali, Dinanagar,

Gurdaspur, Punjab, India.

(i) Occupation

(j) Phone Number Mobile

7. Accused more than

S No. Name Alias Relative’s Present

Name Address

1. Lalit Mahajan Father’s Name- H No.1042,

Gulzari Lal Sector 16,

Mahajan Panchkula,

Haryana,

India.

8.Reasons for delay in reporting by Complainant /informant

9. Particulars of property of interest

10. Total value of property stolen in Rs.

11. Inquest Report/UD Case No., If any

S No. UIDB No.

12. First Information Contents:-

To, The Director General of Police. Subject Complaint against Lalit

Mahajan son of Sh. Gulzari Lal Mahajan (Husband). Sir, it is requested

as stated below 1. That I am a resident of Dinanagar Gurdaspur and

am a follower of Law and a peace loving woman. 2. That I Rekha Gupta

daughter of Late Sh. Tirath Ram wife of Sh. Lalit Mahajan resident of

Panchkula with whom my marriage was solemnised on dated

09.10.2017 and on dated 10.10.2017 we got our marriage registered

in Chandigarh. This is the second marriage of both of us and the first

wife of Lalit has expired and I am a divorcee. He has two children from

his first marriage Sarthak Mahajan (22 Years) Sadhika Mahajan (25

Years) Our marriage was solemnised through Jeevan Saathi

matrimonial site. 3. That before marriage I used to live in Dinanagar

District Gurdaspur with my mother and my mother was a heart

patient. My father and brother have expired long time back. For some

time I stayed in the house of my sister Naresh Bala in

MullanpurGaribdas District Mohali though primarily I am a resident of

Dina Nagar. 4. That after marriage I used to live with the mother and

son of my husband in the joint house in Panchkula Sector 16. My

marriage took place in a very simple manner but my mother gave her
jewellery to me which is as stated 1. Two gold bangles of 42 grams 2.

Gold chain of twenty five grams 3. Gold ring seven grams 4. Pair of

tops of six grams 5. Gold ring to my husband Lalit of 10 grams 6. Gold

chain to Lalit 7. Gold tops to the mother of Lalit, jewellery given from

the point of view of Sehra, Chain set, Mangal sutra, Bracelet, ring. 5.

That after few days of marriage the behaviour of my husband towards

me became very aggressive and greedy and I was started getting

harassed that no gifts were given in marriage. So you should bring Rs.

Ten Lakhs from your mother. After hearing this I got very shocked

because my mother was not such financially sound that she could give

such amount of money because she had no source of income. Then

my husband said that OK make it Rs. Five Lakhs. He wanted this money

to go sightseeing in Dubai. When I told my elder sister Naresh Bala in

regard to this then she in order to save my marriage gave me Rs.

Three Lakhs on dated 01.12.2017 that give this money to your

husband which I gave to my husband. 6. That on dated 26.12.2017 I

went to Dubai with my husband and both his children and this trip

became more horrifying for me as my husband tried to develop

unnatural physical relations with me and when I refused he verbally

abused me and physically assaulted me. I tolerated everything to save

my married life so that my house could remain intact. 7. That I was

very scared to come to India but like an Indian wife to save my house I

did not talk to anyone in this regard but after some days I told the

mother of the accused but she asked me to remain quite that due to
this the family name is disgraced. I told my husband many times that I

cannot full fill his desire of physical relations in unnatural way but

every time I was made quite by being verbally abused and physically

assaulted. 8. That on dated 26.02.2018 when I went to the house of

my sister in Mullanpur then my sister and mother became very sad on

seeing my condition as I told them everything in regard to the

behaviour of my husband and the forcefulness done by him. My

mother on hearing all this went to such a shock that she suffered a

heart attack and she had to be admitted in PGI Chandigarh. On dated

27.04.2018 my mother expired and I was all alone as my father and

brother had already expired. 9. That I in order to save my married life

tolerated such attrocites of the accused that maybe his behaviour

changes towards me but that day never came in my life and all my

hopes dashed that day when on dated 20.05.2018 the accused tried to

forcefully develop unnatural physical relations with me and when I

protested he beat me up and threw me out of my in-laws house. Out

of compulsion I had to stay in the house of my sister in Mullanpur. On

dated 21.05.2018 I along with the son of my sister namely Nikhil went

to the SHO Mullanpur to give complaint then he instead of taking my

complaint asked me to go to the women police station Panchkula as

the physical assault had taken place in Panchkula, so he could not do

anything. This was said by the policemen in the police station

Mullanpur. 10. That my nephew Naresh suggested me to again go to

my in-laws house and solve the domestic matter and I agreeing with
him I went to my in-laws house on dated 21.05.2018 then my husband

again verbally abused me and beat me up and threw me out of the

house. My nephew who was standing at some distance from my in-

laws house took me to Civil Hospital Sector 6 Panchkula and told my

sister Naresh Bala in this regard by calling her and they also came to

Civil Hospital Panchkula. 11. That in Civil Hospital they did my medical

in regard to being physically assaulted but did not do my medical in

regard to unnatural offence and told me to go to police station

Panchkula first Women police station asked me to give application first

I gave them the application and demanded my medical be done but

the police station personnel firstly told me to get the medical done

from private hospital outside and did not provide me any help as my

husband is a influential person of Panchkula. I again went to the

women police station on dated 22.05.2018 and sought help in regard

to getting the medical done but again no help was done I understood

that no one will hear me here and I gave the copy of that complaint to

SSP Mohali on dated 25.05.2018 which was send for investigation after

women cell Mohali to SP Headquarters Mohali. This is pertinent to

mention here that the medical of my unnatural offence was not got

done by the Mohali police. 12. That I went again and again to SP HQ

for justice but every time I was told that investigation is going on and I

became tired going there again and again After getting fed up with this

harassment for ten months I went to the SSP Mohali and vide Peshi

No. 1192/P/SSP dated 19.03.2019 demanded that my investigating

officer be changed so that I could get justice but the SSP assured me of

getting justice and did not change my investigating officer. 13. That

after few days by making enquiries one sided on the basis of mindless

facts the complaints were kept in record. In this it is worth mentioning

here that without inquiring the true evidence the enquiry was done

the statements got recorded by me in the Women Cell Mohali have

also been recorded incomplete and some facts have not even been

recorded. It is compulsory that the enquiry in regard to offence against

women which has been stated in a complaint needs to be done by a

women officer which was not done in this case. 14. That now I am

living in Dinanagar District Gurdaspur with my other sister as there is

no house of my mother and father. 15. It is requested that the enquiry

in regard to my complaint be got done from some higher ranked

official of some other district in which a lady official should also be

there. It is requested that the enquiry of this complaint be got done

from some official of a district other than Panchkula or Mohali so that

the accused cannot use his influence and I be given justice. I shall be

highly grateful. Complainant SD/- Rekha Gupta C/o Mahinder Pal

Mahajan Gurudwara Street Gurdaspur 143531 Mobile

No.9592095606. Dated 20.06.2019 SSP/GSP please enquiry into if

taken necessary legal action SD/- DGP Punjab Diary No.66 DGP dated

02.07.2019 SSP marked it to SP investigation to complete the enquiry

in ten days. SD/- Swarandeep Singh SSP/GSP reminder letter no.551 PC

dated 02.07.2019. The SP Investigation wrote in his report Police

department Gurdaspur report in regard to reference letter no.551 PC

dated 02.07.2019. Sir the aforesaid letter no. Along with complaint

no.66 DGP dated 02.07.2019 had been given by Rekha Gupta C/o

Mahinder Pal Mahajan Gurudwara Street Gurdaspur which was

marked to Superintendent of Police PBI Gurdaspur and on dated

09.11.2019 as per your order was received with the undersigned for

enquiry. The marriage of the Complainant was solemnised with Lalit

Mahajan son of Gulzari Mahajan resident of Sector 16 Panchkula on

dated 10.10.2017 it was their second marriage. The first wife of Lalit

has expired and the Complainant is a divorcee. Her husband has two

children from the first marriage. After the marriage she used to live in

Panchkula with her husband, his mother and son. On dated

26.12.2017 the Complainant had gone to Dubai with her husband and

his two children. Her husband tried to develop unnatural physical

relations with her and when Rekha protested he verbally abused her

and physically assaulted her. The Complainant had earlier given

complaint to the SSP Mohali where the statements got recorded by

the Complainant in the Women Cell Mohali had also been recorded

incomplete and some facts had not even been recorded and without

analysing the real evidence the report was presented. She has

demanded that the enquiry of her complaint be got done from the

beginning from some other District and she be given justice. During

the enquiry of the complaint both the sides were summoned and

heard and the SP P.B.I. Gurdaspur has analysed the statements got
recorded by both the parties. From the enquiry done by me and after

hearing both the sides and from analysing the statements it has been

found that that the marriage of Rekha Gupta was solemnised with Lalit

Mahajan son of Sh. Gulzari Lal Mahajan resident of House No.1042,

Sector 16 Panchkula on dated 09.10.2017 as per Hindu Rites and

Rituals and on dated 10.10.2017 they had got their marriage

registered in Chandigarh. Lalit Mahajan was married before this

marriage and the first wife of Lalit had expired and the Complainant

was a divorcee. He had two children from his first marriage daughter

Sadhika Mahajan (25 Years) and son Sarthak Mahajan (22 Years). At

the time of marriage the mother of Rekha had spend as per her status

and had also given gold. That after few days of marriage the behaviour

of her husband towards her became very aggressive and greedy and

she was asked to bring Rs. Ten Lakhs from her mother as he wanted

this money to go sightseeing in Dubai. The Complainant told her

husband that her mother was not capable of giving such amount of

money. When the Complainant told her elder sister Naresh Bala in

regard to this then she in order to save her marriage gave her Rs.

Three Lakhs on dated 01.12.2017 and Rekha gave this money to her

husband Lalit Mahajan. That on dated 26.12.2017 she went to Dubai

with her husband and both his children. Her husband tried to develop

unnatural physical relations with her and when Rekha protested he

verbally abused her and physically assaulted her. Rekha tolerated

everything to save her married life so that her house could remain
intact. After some days I told my mother in regard to this but she

asked me to remain quite that due to this the family goes in disgrace.

Rekha told her husband many times that she cannot full fill his desire

of physical relations in unnatural way but every time she was made to

be quite by being verbally abused and physically assaulted. On dated

27.04.2018 the mother of Rekha expired and her father and brother

had already expired. On dated 20.05.2018 the accused tried to

forcefully develop unnatural physical relations with her and when she

protested he beat her up and threw her out of the house. Rekha came

to the house of her sister in Mullanpur. On dated 21.05.2018 she went

to her in-laws house then her husband Lalit Mahajan again beat her up

and she got her medical done from Civil Hospital Panchkula on dated

21.05.2018. In this regard Rekha gave complaints to the Senior

Superintendent of Police SAS Nagar which have been kept in the office

record after being enquired into. The husband of the Complainant

Lalit Mahajan has stated that Rekha had not told about her divorce,

but during enquiry it has come to light that Rekha had told Lalit

Mahajan about her divorce before marriage. The Complainant Rekha

Mahajan has also filed a case of domestic violence against her

husband Lalit Mahajan. The charges levelled by the complaint through

the complaint and the statements due to being of serious offence and

in regard to demand of dowry it is recommended to register a case in

police station Dinanagar and to investigate against Lalit Mahajan son

of Gulzari Lal Mahajan resident of House no.1042, Sector 16 Panchkula

after taking opinion of the Deputy DA Legal Gurdaspur. The report is

being presented. SD/- Harvinder Singh Sandhu Superintendent of

Police Investigation Gurdaspur. 31.12.2019 DY DA Legal to opinion

please SD/- SSP GSP dated 08.01.2020 Subject- In reference with letter

no.551-PC dated 02.07.2019 Report by SP Investigation Gurdaspur.

Respected Sir, I have perused the file and report. It is well settled law

that investigation is the sole prerogative of investigation agency. In my

opinion from the facts and circumstances of the case prime facie

cognizable offences U/s 406, 498-A, 323 IPC is made out against the

indicted person within the jurisdiction of Police Station Dinanagar. If

so approved, SD/- HS Baja DY DA Legal Dated-29.01.2020 worthy SSP

Gurdaspur SHO PS Dinanagar to register the case and investigate as

per law. SD/- SSP GSP 29.01.2020.

Today at the police station at this moment on receiving the above said

complaint along with enquiry report from the office of SSP Gurdaspur

through post aforesaid FIR in regard to above said offence was

registered and copy of FIR along with original complaint and enquiry

report and other concerned documents were taken by I ASI into my

possession for further investigation. The control room is being

informed through wireless in regard to registering of case. Report

no.48 time 10:00PM Dated-01.02.2020.

CERTIFIED TO BE TRUE TRANSLATION

ADVOCATE
 ANNEXURE P-3
From,
The Superintendent of Police (Local)
District S.A.S. Nagar
To,
The Senior Superintendent of Police,
District S.A.S. Nagar.

No.242/5S/SP Local dated 20.04.2019

Subject- Report in regard to application no.1749/Hearing/S.S.P./S.A.S.

Nagar dated 25.05.2018 by Rekha Gupta daughter of Late Sh. Tirath

Ram resident of Village MullanpurGaribdas Gobind Street, District

S.A.S. Nagar and application no.4314/S/SSP dated 20.08.2018 by Lalit

Mahajan son of Late Gulzari Lal Mahajan resident of House No.1042,

Sector 16, Panchkula (Haryana).

Sir,

It is requested that the aforesaid numbered applications have been

received for enquiry and report. The Complainant Rekha Gupta in her

application has levelled allegations of demanding money and of

physical assault by the second party i.e. her husband Lalit Mahajan.

Complainant Lalit Mahajan has levelled allegation of Rekha Gupta

stating herself to be single and of getting married to him fraudulently.

During enquiry both the parties were made to join in the enquiry and

their side was analysed and their statements were recorded, which

are being annexed herewith.

From the enquiry done by me till now statements recorded and on

analysing the documents annexed with the application it was found

that the enquiry in regard to the aforesaid applications had been done

by Deputy Superintendent of Police Local who had written in his

enquiry report that the marriage of the appellant Rekha Gupta was

solemnised on dated 09.10.2017 at Shiv Temple Saketri with Lalit

Mahajan son of Gulzari Lal Mahajan resident of House no.1042, Sector

16, Panchkula as per Hindu rites and rituals. Both the parties had put

up descriptions and status in regard to their marriage in Jeevan

Saathi.com. Lalit Mahajan had sought match of an unmarried girl and

had written himself to be widowed and Rekha Gupta had sought

match of Divorcee, widowed and unmarried boys and had written

herself to be single. Both had conversation on Jeevan Saathi.com in

regard to marriage and this marriage was solemnised with the

approval of both the parties. This marriage was registered on dated

10.10.2017 and both the parties had given affidavits to get it

registered in which both had given their status as showed in Jeevan

Saathi.com i.e. Lalit Mahajan had written himself to be widowed and

Rekha Gupta had written herself to be single. After few months of

marriage Lalit Mahajan got hold of a letter written by a person named

Nitin Chandiramani of USA to Rekha Gupta on dated 03.11.2017 and

the documents annexed with it prove that a person named Nitin

Chandiramani after preparing had send certain documents in regard to

Visa sponsorship to Rekha Gupta which mentioned about the divorce

of Rekha Gupta from the first marriage. When Lalit Mahajan got hold

of this letter then he started enquiring from Rekha Gupta with regard
to her first marriage and both started having differences. Family

relations of both of them got spoiled. During enquiry Rekha Gupta

presented her MLR No.PKL/CH/1855/05/2018/SV dated 21.05.2018 as

per which Rekha Gupta reached the hospital at 02:00PM on dated

21.05.2018 for getting her medical done. She had got total five injuries

which had been stated to have been inflicted within six hours. Though

Rekha Gupta had stated in her statement that her husband had

physically assaulted her and threw her out of the house on dated

20.05.2018 and her sister Naresh Bala took her to her house after

which Rekha Gupta has been living in her sister’s house. As per the

MLR Report these injuries are after dated 20.05.2018. There is no

mention in regard to unnatural relations. So this allegation levelled in

the complaint is not proved.

The second party Lalit Mahajan son of Gulzari Lal Mahajan resident of

House no.1042, Sector 16, Panchkula had also given an application no.

4314/S/SSP dated 20.08.2018 to the SSP Mohali during enquiry in

which Lalit Mahajan levelled allegation of Rekha Gupta stating herself

to be single and of getting married to him fraudulently at the time of

registration of marriage. On analysing the record in this regard it was

found that the marriage of both the parties had taken place in

Chandigarh. The certificate in regard to registration of marriage had

been issued from Chandigarh. In the column no.9 of the affidavit given

at the time of registration of marriage Rekha Gupa had stated herself

to be unmarried. Apart from this in the profile of Rekha Gupa in

Jeevan Saathi.com she had stated herself to be never married. From

the above said facts it has been found that the age of both the parties

is above 45 years and it is the second marriage of both the parties.

Rekha Gupta has got divorced from her first husband and Lalit

Mahajan is widowed as a result of which both the parties could get

married second time. Apart from this nothing came out during enquiry

in regard to Lalit Mahajan having demanded dowry from Rekha Gupta.

From the contents of both the applications no offence is found to have

occurred. So no action needs to be taken by police on the applications.

Both the parties are trying to put pressure on each other by getting

false case registered by making the police gimmick. Both the parties

can file their proceedings in the Court. It is pertinent to mention here

that the marriage of both the parties has been solemnised in

Chandigarh and the allegation of physical assault levelled by Rekha

Guta on the second party have taken place in Panchkula. So no action

is required on these applications. So it is recommended to keep these

applications in the office record.

The report is presented.

SD/-
Superintendent of Police(Local)
District SAS Nagar.

SEEN FILE
Sd/- 29.04.2019
Sr. Supd. Of Police
XXX

CERTIFIED TO BE TRUE TRANSLATION

ADVOCATE