Extracted from the PDF above. The PDF is authoritative.
CRM CRM CRM CRM----M M M M----59824 59824 59824 59824----2024 2024 2024 2024
----1111----
209 209 209 209
IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH
CRM CRM CRM CRM----M M M M----59824 59824 59824 59824----2024 2024 2024 2024
Date of Decision:- 21.04.2025
RAJVEER SINGH RAJVEER SINGH RAJVEER SINGH RAJVEER SINGH
....Petitioner
Vs.
STATE OF PUNJAB AND ANOTHER STATE OF PUNJAB AND ANOTHER STATE OF PUNJAB AND ANOTHER STATE OF PUNJAB AND ANOTHER
...Respondents
CORAM:
CORAM:
CORAM:
CORAM:---- HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present:- Mr. Shivraj Daumajra, Advocate for Mr. G.S. Ghuman, Advocate for the petitioner. Mr. Kewal Singh, Addl. A.G. Punjab. Mr. Harsh Chopra, Advocate for respondent No.2. (Through V.C.)
AMARJOT AMARJOT AMARJOT AMARJOT BHATTI, J.
BHATTI, J.
BHATTI, J.
BHATTI, J.
1. Petitioner has filed instant petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in FIR No.104 dated 12.11.2024 under Section 85 of Bharatiya Nyaya Sanhita, 2023 registered at Police Station Chamkaur Sahib, District Rupnagar. 2. As per the facts of the case, complainant Manjit Kaur filed written application to SSP, Rupnagar levelling allegations against her husband Rajveer Singh and members of in-laws family for harassing on account of dowry and turning her out of the matrimonial home. She alleged that about 2 years ago Rajveer Singh used to visit her relatives and they started talking to each other. Rajveer Singh disclosed that his father had passed away and he was posted as Constable in Punjab Police at Machhiwara. They started meeting each other and during this period he developed physical relations with her. He assured to perform marriage with her. She SANDEEP KUMAR 2025.04.23 12:13 I attest to the accuracy and integrity of this document
CRM CRM CRM CRM----M M M M----59824 59824 59824 59824----2024 2024 2024 2024
----2222----
disclosed about her relationship to her family. During this period Rajveer Singh met her family members. His uncle Ranjit Singh and his son Gurpreet Singh also met her family on a wedding. In 6th or 7th month of 2024, she became pregnant about which she disclosed to Rajveer. His attitude changed towards her and started avoiding her. Her family members contacted Rajveer Singh but he stated that his family was against this marriage. Finally she filed one application against Rajveer Singh in Police Post Dalla, Police Station Shri Chamkaur Sahib in August, 2024. Matter was compromised. Rajveer Singh performed marriage with her on 26.08.2024 at Gurudwara Bir Guru Sri Jand Sahib, District Rupnagar. Marriage was attended by his family and colleagues. However, marriage was not attended by his brothers and sisters being abroad and family of his maternal uncle. She was told that other family members were unhappy with this marriage.
She wanted to live in the matrimonial home at Sultanpur but she was kept in a house on first floor at Machhiwara. After a gap of 3 days, Rajveer started telling her that he performed marriage in order to avoid a case and to save his job. Thereafter, she was given beatings everyday under the influence of liquor. She was pregnant and also had medical problem. Her husband used to lock her in a room while going for duty and she was not provided medical treatment. Mother and sister of her husband told her on telephone that they wanted a fortuner car and jewellery but she has not brought anything for their family. She has narrated incident of 14.09.2024 when she was given beating by her husband and other family members and she was left alone in the rental accommodation. At about 2 am, a police officer came at the instance of Rajveer and on seeing her condition he quietly went back. She came to SANDEEP KUMAR 2025.04.23 12:13 I attest to the accuracy and integrity of this document
CRM CRM CRM CRM----M M M M----59824 59824 59824 59824----2024 2024 2024 2024
----3333----
Police Station Machhiwara on 18.09.2024 to lodge the report but she was told by the SHO that she should vacate the rental house and go back to her parents. Said SHO did not take any action against her husband. Thereafter, matter was reported to the police on the basis of which present FIR has been registered. 3.
Learned counsel for the petitioner argued that all allegations levelled against him are false. He had performed marriage with the complainant against the wishes of her family. Therefore, it was a simple marriage. Prior to marriage, they were in consensual relationship. There is no medical record to show that he ever gave beating to the complainant. In pursuance of order dated 05.12.2024 he has already joined the investigation and he is not required for any other purpose. Therefore, he may be granted anticipatory bail.
4.
Bail application is opposed by learned counsel representing State assisted by learned counsel for respondent No.2. Learned counsel for respondent No.2 strongly opposed the anticipatory bail application filed by petitioner. He has referred to the compromise dated 21.08.2024 (Annexure R-2/1) which was earlier arrived at between the parties and as per this compromise marriage was performed on 26.08.2024. Petitioner started ill- treatment to the complainant after about 3-4 days. Photographs (Annexure R2/2) are also attached showing the bruises suffered by the complainant. It is argued that in order to avoid legal consequences of the earlier complaint, petitioner effected compromise and performed marriage but within few days he started ill treating the complainant and gave beatings everyday under the influence of liquor.
SANDEEP KUMAR 2025.04.23 12:13 I attest to the accuracy and integrity of this document
CRM CRM CRM CRM----M M M M----59824 59824 59824 59824----2024 2024 2024 2024
----4444----
Learned counsel representing State also filed status report taking the stand that anticipatory bail application filed by petitioner was rightly declined by learned Additional Sessions Judge, Rupnagar vide order dated 20.11.2024. There are specific serious allegations. Learned State counsel confirmed the allegations detailed in the FIR and categorically stated that petitioner is required to join the investigation.
5.
I have considered the arguments and have gone through the record carefully. During the pendency of present petition, matter was referred to Mediation and Conciliation Centre of this Court but no fruitful result could be achieved. Facts of the case referred above clearly indicates that complainant and the present petitioner who is in police department came in contact with each other. They developed physical relations and when the complainant got pregnant he started avoiding her. Complainant filed complaint at Police Post Dalla in August, 2024. On this, petitioner effected compromise with the complainant. Copy of compromise dated 21.08.2024 is Annexure R2/1 and in pursuance of this compromise, performed marriage on 26.08.2024. She was not taken to the matrimonial home and was kept in a rental accommodation at Machhiwara where she was ill-treated soon after marriage and finally complainant again shifted to her parental house. Conduct of petitioner clearly indicates that in order to avoid legal consequences of complaint filed at Police Post Dalla he effected compromise with the complainant and performed marriage and thereafter he again started ill-treating complainant who was on family way. Considering the conduct of petitioner and the specific allegations, I do not find it appropriate to grant the concession of anticipatory bail to the petitioner and his anticipatory bail SANDEEP KUMAR 2025.04.23 12:13 I attest to the accuracy and integrity of this document
CRM CRM CRM CRM----M M M M----59824 59824 59824 59824----2024 2024 2024 2024
----5555----
petition is, accordingly, declined.
6.
Pending miscellaneous application(s), if any, stand disposed of accordingly as well.
(AMARJOT BHATTI) (AMARJOT BHATTI) (AMARJOT BHATTI) (AMARJOT BHATTI)
JUDGE JUDGE JUDGE JUDGE 21.04.2025 21.04.2025 21.04.2025 21.04.2025
snd
Whether speaking/reasoned : Yes/No. Whether reportable
: Yes/No SANDEEP KUMAR 2025.04.23 12:13 I attest to the accuracy and integrity of this document