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High Court of Punjab and Haryana · body

2023 DAILYLAW 4232 (PNJ)

KAMLA DEVI v. STATE OF PUNJAB

CRM-M/15505/2026 · 2026-04-27

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-15505 IN THE HIGH COURT OF PUNJAB & HARYANA 213 KAMLA DEVI STATE OF PUNJAB CORAM:- HON'BLE MS. Present:- Mr. Gaurav Rana, for the petitioner. Ms. Amrit Kaur Mahir, AAG, Punjab ***** RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seeks anticipatory bail in case Sections 9/10/11 of Prohibition of Child Ma Garhshankar, District Hoshiarpur (Annexure P 2. On the BNSS, 2023 for grant of anticipatory bail case FIR No.108 dated 27.06.2024 registered under Sections 9/10/11 of Prohibition of Child Marriage Act, 2006 at Police Station Garhshankar, District Hoshiarpur (Annexure P petit submits that the matter has been amicably compromised between 15505-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: KAMLA DEVI Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Gaurav Rana, Advocate for the petitioner. Ms. Amrit Kaur Mahir, AAG, Punjab ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seeks anticipatory bail in case FIR No.108 dated 27.06.2024 registered under Sections 9/10/11 of Prohibition of Child Marriage Act, 2006 at Police Station Garhshankar, District Hoshiarpur (Annexure P On 16.04.2026, the following order “The present petition has been filed under Section 482 of the BNSS, 2023 for grant of anticipatory bail case FIR No.108 dated 27.06.2024 registered under Sections 9/10/11 of Prohibition of Child Marriage Act, 2006 at Police Station Garhshankar, District Hoshiarpur (Annexure P Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He submits that the matter has been amicably compromised between IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-15505-2026 Date of decision: 27.04.2026 ….Petitioner ....Respondent JUSTICE RUPINDERJIT CHAHAL Ms. Amrit Kaur Mahir, AAG, Punjab. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.108 dated 27.06.2024 registered under rriage Act, 2006 at Police Station Garhshankar, District Hoshiarpur (Annexure P-1). following order was passed by this Court: - The present petition has been filed under Section 482 of the BNSS, 2023 for grant of anticipatory bail to the petitioner in case FIR No.108 dated 27.06.2024 registered under Sections 9/10/11 of Prohibition of Child Marriage Act, 2006 at Police Station Garhshankar, District Hoshiarpur (Annexure P-1). Learned counsel for the petitioner contends that the ioner has been falsely implicated in the present case. He submits that the matter has been amicably compromised between ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.108 dated 27.06.2024 registered under rriage Act, 2006 at Police Station The present petition has been filed under Section 482 of to the petitioner in case FIR No.108 dated 27.06.2024 registered under Sections 9/10/11 of Prohibition of Child Marriage Act, 2006 at Police Learned counsel for the petitioner contends that the ioner has been falsely implicated in the present case. He submits that the matter has been amicably compromised between GURPREET 2026.04.27 17:05 I attest to the accuracy and authenticity of this document. CRM-M-15505 the parties, and even the alleged victim statement before Magistrate that she has been residing with her in fear or pressure. The petitioner, being the mother Muskan, was not informed about the girl's true age by the mediator at the time of marriage and she came to know about the actual age only afte present FIR was registered. He further submits that the petitioner is a first pending against her. Learned counsel has further submitted that the petitioner is ready and when called upon to do so by the investigating agency. prayer for grant of anticipatory bail to the petitioner, by submitting that the allegations levelled a serious in nature. investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Inves admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioners shall also abide by the conditions as envisaged under Section 482(2) o 3. Learned counsel for the petitioner submits that in compliance of the order dated investigation. 4. Learned counsel for the State, on instructions Singh, has submitted that the petitioner ha longer required for further investigation. 15505-2026 2 the parties, and even the alleged victim statement before Magistrate that she has been residing with her in-laws after attaining majority at Village Mehdood without any fear or pressure. The petitioner, being the mother Muskan, was not informed about the girl's true age by the mediator at the time of marriage and she came to know about the actual age only after the marriage had been solemnised and the present FIR was registered. He further submits that the petitioner is a first-time offender and no other criminal case is pending against her. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail to the petitioner, by submitting that the allegations levelled a serious in nature. Adjourned to 27.04.2026. In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, she shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioners shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” Learned counsel for the petitioner submits that in compliance of the order dated 16.04.2026 passed by this Court, the petitioner ha investigation. Learned counsel for the State, on instructions has submitted that the petitioner has joined the investigation and longer required for further investigation. the parties, and even the alleged victim-Muskan has suffered statement before Magistrate that she has been residing with her er attaining majority at Village Mehdood without any fear or pressure. The petitioner, being the mother-in-law of Muskan, was not informed about the girl's true age by the mediator at the time of marriage and she came to know about the r the marriage had been solemnised and the present FIR was registered. He further submits that the time offender and no other criminal case is pending against her. Learned counsel has further submitted that willing to join the investigation as and when called upon to do so by the investigating agency. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail to the petitioner, by submitting that the allegations levelled against the petitioner are In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with tigating Agency. In the event of arrest, she shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioners shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner submits that in compliance of passed by this Court, the petitioner has joined the Learned counsel for the State, on instructions of ASI Onkar joined the investigation and is no Muskan has suffered statement before Magistrate that she has been residing with her er attaining majority at Village Mehdood without any law of Muskan, was not informed about the girl's true age by the mediator at the time of marriage and she came to know about the r the marriage had been solemnised and the present FIR was registered. He further submits that the time offender and no other criminal case is pending against her. Learned counsel has further submitted that willing to join the investigation as and On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail to the petitioner, by gainst the petitioner are In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with tigating Agency. In the event of arrest, she shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioners shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner submits that in compliance of joined the of ASI Onkar no GURPREET 2026.04.27 17:05 I attest to the accuracy and authenticity of this document. CRM-M-15505 5. In view of the statement made by learned State counsel, the interim order dated petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS 27.04.2026 Gurpreet 15505-2026 3 In view of the statement made by learned State counsel, the interim order dated 16.04.2026 passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE speaking/reasoned? Yes/No In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.04.27 17:05 I attest to the accuracy and authenticity of this document.