CRM-M/4972/2019 of GURPREET KAUR AND ANR Vs STATE OF PUNJAB AND ANR on 24 July 2026

::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

(150) CRM-M-4972-2019 (O & M)

Reserved on: 23.07.2026 Date of Pronouncement:24.07.2026 Date of Uploading : 24.07.2026 Gurpreet Kaur and anr.

…... Petitioner(s) V/s State of Punjab and anr. ...Respondent(s)

CORAM:

HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Pawan Kumar, Sr. Advocate with Ms. Vidushi Kumar, Advocate, Mr. J.S. Grewal, Advocate, for the petitioner(s). Mr. Adeshwar S. Pannu, AAG, Punjab. Dr. Anmol Rattan Sidhu, Sr. Advocate with Mr. KBS Mann, Advocate and Mr. Sukhcharan Singh Gill, Advocate, for respondent No.2. **** JASJIT SINGH BEDI,

J. (Oral)

The prayer in the present petition under Section 482 Cr.P.C. is for quashing of the complaint No.130/2015 dated 28.07.2015 under Sections 420, 506, 120-B IPC (Annexure P-3), summoning order dated 18.08.2018 (Annexure P-4) and all consequential proceedings arising therefrom.

2. The allegations in the complaint (Annexure P-3) are to the effect that the complainant-respondent No.2/Khushwinder Singh (hereinafter to be known as ‘respondent No.2’) paid money to the petitioners to go abroad. However, he was not taken abroad and nor was the money refunded to him.

chandigarh

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3. The learned Senior counsel for the petitioners contends that initially, an FIR No.28 dated 30.01.2015 under Sections 420, 120-B IPC, Police Station City 1, Abohar was registered against petitioners in which a cancellation report was submitted on 08.09.2015. Respondent No.2 filed a criminal complaint (COMI-130-2015) (Annexure P-3) on similar allegations on 28.07.2015 in which the petitioners came to be summoned under Sections 420, 506 and 120-B IPC vide summoning order dated 18.08.2018 (Annexure P-4). The summoning Court i.e. Judicial Magistrate Ist Class, Abohar in Para 02 of the order has stated that the evidence of the complainant remains unrebutted and unchallenged. This is factually incorrect inasmuch as the cancellation report Ex.C2 was already on record and prior to the passing of the summoning order (Annexure P-4), the Magistrate ought to have considered the said report. That not having been done, the impugned order dated 18.08.2018 (Annexure P-4) is liable to be set aside and a fresh order be passed by the Magistrate concerned after due consideration of the cancellation report.

4. The learned counsel for the State and the learned Senior counsel for respondent No.2, on the other hand, contend that the complaint (Annexure P-3) and summoning order (Annexure P-4) have been passed on proper appreciation of the evidence. It is the investigating agency that had, on the basis of conjectures and surmises submitted the cancellation report dated 08.09.2015. Therefore, the present petition is liable to be dismissed.

5. I have heard the learned counsel for the parties.

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6. Admittedly, a cancellation report in FIR No.28 dated 30.01.2015 under Sections 420, 120-B IPC, Police Station City-1, Abohar, was prepared on 08.09.2015. When the summoning order (Annexure P-4) was passed, the said cancellation report was exhibited as Ex.C2. Instead of examining the said report, prior to considering the complaint (Annexure P-3) and preliminary evidence, the Magistrate has recorded a finding that the allegations levelled in the complaint remain unrebutted and unchallenged. This is completely baseless and contrary to the record. Once the cancellation report was on record having been exhibited as Ex.C2, the Court ought to have considered the same prior to summoning the petitioners. The same has not be done.

7. In view of the above, the impugned summoning order dated 18.08.2018 (Annexure P-4) is quashed. The Court is directed to pass a fresh summoning order, if at all, only after examination of the cancellation report- Ex.C2.

8. The present petition stands disposed of in the above terms.

9. It is made clear that this Court has expressed absolutely no opinion on the merits of the case.

10. The pending application(s), if any, shall stand disposed of accordingly. July 24, 2026 ( JASJIT SINGH BEDI) sukhpreet JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No chandigarh