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High Court of Punjab and HaryanaCRM-M/10973/2019allowed

Kuldeep Kaur v. State Of Punjab

2019-08-22Mr. Justice Gurvinder Singh Gill3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (I) Date of Decision:22.8.2019 KULDEEP KAUR .....Petitioner

Versus

STATE OF PUNJAB AND ANOTHER .....Respondents (II) SIMRAN SINGH ....Petitioner

Versus

STATE OF PUNJAB ....Respondent **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Amit Chaudhary, Advocate for the petitioner in both cases.

Ms. Rashmi Attri, AAG, Punjab in both cases.

**** GURVINDER SINGH GILL , J. (ORAL) 1.

This order shall dispose of the aforementioned petitions filed on behalf of Kuldeep Kaur and Simran Singh seeking anticipatory bail in respect of FIR registered against them vide FIR No.57 dated 10.10.2018 under

( 2 ) Section 498-A, 406 IPC, Police Station Women, District Bathinda. 2.

The FIR was lodged at the instance of Seema Rani against her husband Simran Singh (petitioner), her mother-in-law Kuldeep Kaur (petitioner) and other accused wherein it has been alleged that she was married to Simran Singh on 24.11.2015 and that an amount of `22 Lakhs was spent on the marriage. It is alleged that huge number of articles of dowry and gifts including gold ornaments were given at the time of marriage but the accused were not satisfied with the same and started harassing the complainant shortly after marriage in order to press upon their demands of dowry. It is further alleged that the petitioners also demanded a Swift car.

3.

Learned counsel for the petitioners has submitted that a false FIR has been lodged against the petitioners and that the matter is being in fact outcome of a minor matrimonial discord which has been given a colour of a criminal offence. The petitioner has further submitted that pursuant to interim directions issued on 30.05.2019 in CRM-M-25233-2019 the petitioner Simran Singh has deposited a demand draft for an amount of `50,000/- favouring the complainant before the trial Court. It has further been submitted that in fact as per directions issued on 8.4.2019 in CRMM-10973-2019, the petitioner is ready with the amount of `25,000/- today itself and shall deposit the same as directed by this Court. 4.

Opposing the petition, learned State counsel has submitted that since categoric allegations have been levelled against the petitioners, no case for grant of anticipatory bail is made out.

( 3 ) 5.

I have considered rival contentions addressed before this Court. Apparently it is a case arising out of a matrimonial discord. While refraining from expressing any opinion on merits of the case and bearing in mind the facts and circumstances of the case and also that the petitioners have already joined investigation, in my opinion, it is not a case warranting custodial interrogation. The petitions, as such are accepted and interim directions issued vide order dated 8.4.2019 passed in CRM-M-10973-2019 and vide order dated 30.05.2019 passed in CRM-M25233-2019 are made absolute subject to the condition that the petitioners would appear before Investigating Officer as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. 6.

It is however directed that the petitioner Kuldeep Kaur shall pay an amount of `25,000/- to the complainant Seema Rani before the Trial Court as had been directed earlier vide order dated 8.4.2019 passed in CRM-M-10973-2019. It is further made clear that the amount of `50,000/- deposited by petitioner Simran Singh in the shape of a draft before the Trial Court shall be handed over to the complainant, who would be at liberty to get it encashed/deposited in her account. ( GURVINDER SINGH GILL) 22.8.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No