Jagdish Kaur v. State Of Punjab

 


      



    

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Present:

Mr. Abhinav Jain, Advocate for the petitioner.

Mr. Sahil R. Bakshi, A.A.G., Punjab.

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1.

Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioner seeks the concession of anticipatory bail, in case FIR No.15 dated 26.01.2024, under Section 420 of the IPC, registered at P.S. City Muktsar, District Sri Muktsar Sahib. 2.

The genesis of the present FIR is embodied in the complaint made by one Sarabjeet Kaur (hereinafter referred to as the 'complainant'). Succinctly stated, the allegations levelled in the present FIR are that, since the petitioner's daughter had obtained seven bands in IELTS but they did not have the requisite funds for sending her abroad, therefore, the petitioner agreed to solemnize the marriage of her daughter with the complainant's son, as they agreed to spend the money for sending the petitioner's daughter abroad. Accordingly, marriage was solemnized on 27.03.2022, whereupon, the petitioner's daughter went to Canada, at the expenses of the complainant party, which were paid through online transactions, however, she did not take her husband/complainant's son with her. Therefore, owing to violation of the agreement executed between the

accused and the complainant party, the petitioner/accused are liable to refund the amount taken from the complainant party. 3.

The learned counsel for the petitioner submits that, in fact, a false story has been cooked up by the complainant, whereas, it was the complainant's son, who could not procure the visa of Canada despite best efforts. Moreover, before solemnization of marriage, the complainant had concealed material facts from the petitioner and her daughter, inasmuch as, it was never disclosed that earlier also the visa of complainant's son was rejected many times. Nonetheless, he submits that, in case any money has been spent by the husband/complainant's son for sending his wife abroad, it cannot be, in any manner, considered to be a part of any commercial agreement, rather the same was a matrimonial obligation performed by the complainant's son.

4.

Notice of motion for 29.07.2024.

5.

Mr. Pardeep Bajaj, D.A.G., Punjab, accepts notice on behalf of respondent-State of Punjab.

6.

In the meantime, the petitioner is directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of her arrest, she shall be admitted to interim bail on her furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C. 

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