Malvinder Singh Dhawan v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (124) CRM-M-73067-2025 (O&M) Date of Decision: 20.3.2026 Malvinder Singh Dhawan ......Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. Saurav Bhatia, Advocate for the petitioner.

Ms. Aakanksha Gupta, AAG, Punjab.

Ms. Ritu Punj, Advocate and Ms. Sonia Pama, Advocate for the complainant.

**** KIRTI SINGH , J. (ORAL) CRM-7848-2026 The application is allowed as prayed for. Annexures A-1 to A-5 are taken on record.

CRM-M-73067-2025 1.

Prayer in the present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), is for grant of anticipatory bail to the petitioner, in case FIR No. 106 dated 20.11.2025, under Sections 316(2), 85 and 351(2) of BNS, 2023, registered at Police Station Women, District Police Commissionerate Ludhiana. 2.

Vide order dated 23.2.2026, the petitioner was directed to join investigation. The said order is reproduced hereinafter:- "On 23.12.2025, the following order was passed by this Court:- "x x x x Learned counsel for the petitioner submits that the petitioner has

-2been falsely implicated in the instant case. The genesis of the instant FIR lies in the matrimonial disputes arising out of temperamental differences between the petitioner and the complainant, marriage between whom was solemnized on 01.02.2020. It is submitted that despite best efforts of the petitioner, the complainant left his company without any justifiable cause. Thereafter, the petitioner and his family members were subjected to harassment and physical assault at their residence by the complainant and her family members. In this regard, an on-line complaint was also moved by the father of the petitioner on 23.03.2025. Learned counsel for the petitioner contends that even an application for divorce by mutual consent was filed before the lodging of the FIR, which shows that the same is an afterthought. Learned counsel submits that since the parties also have one child born out of their wedlock, therefore, the petitioner is willing to settle all the disputes. Moreover, the petitioner is also ready to join investigation and co-operate. Notice of motion.

Served with an advance copy of the petition, Ms. Guramrit Kaur, DAG, Punjab accepts notice on behalf of the respondentState. She seeks and is permitted time to file reply. Ms. Ritu Punj, Advocate appears on behalf of the complainant by filing Vakalatnama, which is taken on record. Parties are ad idem that there are chances of an amicable settlement between the parties and prays that the matter be referred for the mediation.

In view of above, parties are directed to appear before the Mediation and Conciliation Centre of this Court on 12.01.2026. Petitioner is directed to pay a sum of Rs. 30,000/- as litigation expenses to the complainant before the Mediation Centre. Awaiting report therefrom adjourned to 03.02.2026. In the meantime, no coercive steps be taken against the petitioner till the next date of hearing."

As per the report dated 30.1.2026 received from the Mediator, the matter could not be amicably settled between the parties.

Adjourned to 20.3.2026.

In the meantime, the petitioner shall join investigation before the Investigating Agency/Officer. He shall abide by the following conditions as envisaged under Section 482(2) BNSS, 2023;- (1) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so. (2) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts to the case so as to dissuade him from disclosing such facts to Court or to any police officer. (3) That the petitioner shall not leave India without prior permission of the Court.

-3Needless to mention that the investigating agency/officer shall continue with the investigation of the case in usual manner." 3.

Learned State counsel on instructions from ASI Malkit Ram, submits that in compliance of order dated 23.2.2026, the petitioner has joined the investigation on 12.3.2026 and is not required for any further investigation.

4.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 23.2.2026 passed by this Court, is hereby made absolute, subject to the condition enumerated under Section 482(2) BNSS.

5.

This order should not be treated as "blanket" order. It will not be read as granting the petitioner(s) indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 6.

Liberty is reserved with the investigating agency/complainant to move to this Court for a direction under Section 483(3) of BNSS, 2023 (erstwhile Section 439(2) of Cr.P.C.), in the event of violation of any term, stipulated under Section 482(2) BNSS, or upon showing any other sufficient cause.

7.

Pending miscellaneous application(s), if any, also stands disposed of.

(KIRTI SINGH) JUDGE March 20th, 2026 Gurpreet Singh Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No