Crl.M.No.M-30313 of 2013(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.M.No.M-30313 of 2013(O&M) Date of Decision: September 11, 2013 Gurdev Singh and another .....Petitioners v.
State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Prashant Bansal, Advocate for the petitioners....RAM CHAND GUPTA, J.(Oral) The present petition filed under Section 438 Cr.P.C.is for grant of anticipatory bail to the petitioners in case FIR No.76, dated 31.8.2013, under Sections 406, 498-A IPC, registered at Police Station Women, Patiala, District Patiala.
I have heard learned counsel for the petitioners and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Patiala, vide which application filed on behalf of the petitioners for anticipatory bail was dismissed.
Briefly stated, the present FIR was lodged on the basis of a complaint moved by complainant Jaswinder Kaur to Senior Superintendent of Police, Patiala.
Brief allegations are that her marriage was performed with son of present petitioneRs.namely, Baljinder Singh, on 18.11.2011.
Sufficient dowry was given in the marriage and, however, petitioners and family members were not satisfied with the same.
Her husband used to give her beatings on the instigation of present petitioneRs.Husband of the complainant left for Italy on 28.2.2012 on the asking of the present petitioners and even without the consent of the complainant.
After husband left for Italy, acts of cruelty used to be committed upon her by the present petitioneRs.Present petitioners even tried to give her poison and the matter Meenu 2013.09.12 12:02 I attest to the accuracy and integrity of this document chandigarh Crl.M.No.M-30313 of 2013(O&M) -2- was also reported to the police and, however, she compromised the same on the promise that they would keep her properly in the matrimonial home.
However, just after few days of the compromise, acts of harassment and cruelty again started.
There are specific allegations that on 18.4.2013 she was thrown out of the matrimonial home on the plea that she would be allowed to enter the house if she would bring a car.
Istri dhan of the complainant was also kept by the petitioners with them.
Matter was got enquired into by the Senior Superintendent of Police.
It came during enquiry that even pregnancy of the complainant was aborted when some poison was given to her by the petitioneRs.It also came during enquiry that `25,000/- were given to the petitioners by parents of the complainant and however, after few days of the same, acts of cruelty again started and now she is residing with her parents.
It has been contended by learned counsel for the petitioners -accused that false and vague allegations have been levelled against petitioners-accused and that rather complainant is a lady of short temper and it was she who used to quarrel with present petitioners on petty matteRs.Further contends that she had herself given a writing before the police that she had taken some wrong medicines and hence the matter was compromised.
It is also contended that she also filed a complaint under the Protection of Women from Domestic Violence Act, 2005, Annexure P9, and that there are discrepancies in the version given in the complaint and the version given to the police in the FIR.
Be that as it may, there are serious allegations against the petitioners-accused.
They committed acts of cruelty and harassment upon the complainant on account of dowry.
Husband of complainant has already left for Italy.
She was harassed and acts of cruelty were committed upon her including physical violence by the petitioners after husband of the complainant left for Italy.
She is residing with her parents.
Istri dhan of the complainant was also retained by the petitioneRs.Hence, in view of these facts, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioners-accused.
Without expressing any opinion on the merits of the case, the Meenu 2013.09.12 12:02 I attest to the accuracy and integrity of this document chandigarh Crl.M.No.M-30313 of 2013(O&M) -3- present petition filed by petitioners-Gurdev Singh and Nirmala for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.
11.9.2013 (Ram Chand Gupta) meenu Judge Meenu 2013.09.12 12:02 I attest to the accuracy and integrity of this document chandigarh