CRM-M-30020-2023 1 206 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-30020-2023 Date of decision: 26.05.2025 HARWINDER SINGH ....Petitioner Versus STATE OF PUNJAB ....Respondent CORAM: HON'BLE MRS. JUSTICE AMARJOT BHATTI Present: Ms. Manpreet Ghuman, Advocate for the petitioner. Mr. Amit Shukla, DAG, Punjab. Mr. Daljeet Singh Kahlon, Advocate for the complainant. (appeared through video conferencing). **** AMARJOT BHATTI , J. Petitioner-Harwinder Singh has filed present petition under Section 438 of Cr.P.C., for grant of anticipatory bail in FIR No.48, dated 23.05.2023, under Sections 323, 324, 341, 506, 498-A, 148 and 149 of IPC (Sections 328, 511 and 201 of IPC added later on) registered at Police Station City Samana, District Patiala. 2. As per facts of the case, Rajwinder Kaur got her statement recorded that she was married to Harwinder Singh in the year 2007. Out of this wedlock, she is having a son Dilpreet Singh aged about 14 years. On 20.05.2023, she was alone in the house as her son had gone to his school. At about 1.30 P.M., Harwinder Singh came home and started taking out her household articles. He had called for a Tempo. She tried to stop him and on hearing the alarm, the Tempo driver returned. Thereafter, her husband Harwinder Singh, father-in-law Niranjan Singh, mother-in-law MONIKA RANI 2025.05.27 15:56 I attest to the accuracy and integrity of this document CRM-M-30020-2023 2 Jangir Kaur, his cousin Balihar Singh, Gurwinder Singh, Jatinder Singh, Kuljit Kaur and their aunt Binder Kaur entered the house and started beating her. She raised alarm for help and ran outside the house. Her husband was armed with knife and gave two-three blows towards her which hit on her right hand. Balihar Singh gave beatings with the stick. She was caught hold of by her mother-in-law and father-in-law from her arms, Kuljit Kaur caught hold of her hairs and her husband took out some intoxicant/poisonous medicine and tried to pour it in her mouth forcibly. She rescued herself and the said intoxicant/poisonous medicine fell on her clothes. She was beaten up and they pulled her hairs. All of them wanted to kill her. Even earlier whenever her husband used to come, he used to beat her. Her parental family came and got her admitted in Rajindra Hospital, Patiala. With these allegations, present FIR has been registered. 3. Learned counsel for petitioner argued that all allegations levelled against him are false. He is Army personnel. In fact, the complainant is residing in his house along with their son and he is staying outside. Brother of the complainant is in Police Department and present FIR has been lodged with his influence. Petitioner was ready to reconcile the matter. Learned counsel for petitioner further conceded that at present he is in live-in-relationship with another lady since 2022. He was granted interim relief and joined the investigation. He is still ready to abide by the terms of bail order, therefore, his anticipatory bail petition may be allowed. 4. Bail petition is opposed by learned State counsel assisted by counsel for complainant. It is pointed out that there are specific serious allegations against the petitioner. He is having extra marital affairs since 2019-2020. The lady is taking care of her son single handedly. The MONIKA RANI 2025.05.27 15:56 I attest to the accuracy and integrity of this document CRM-M-30020-2023 3 petitioner tried to turn her out from the matrimonial home forcibly and in that course he gave severe beatings to the complainant. Learned counsel representing State of Punjab further pointed out that the complainant was attacked with the knife which is yet to be recovered. Along with the status report, MLR of the complainant is annexed (Annexure R-1), according to which, she suffered four injuries. There is report of the Chemical Examiner, Kharar (Annexure R-2), according to which Organophosphorus compound was detected on the shirt tested in the laboratory. Opinion of doctor is Annexure R-3. It is pointed out that petitioner did join the investigation but he did not cooperate and the knife used in the occurrence is yet to be recovered. 5. I have considered the arguments and have gone through the record. Facts of the case indicate that complainant Rajvinder Kaur is residing in the matrimonial home along with her grown up son whereas petitioner is residing outside. He admitted that without taking divorce from his wife he is residing with another lady in live-in-relationship. Aforesaid facts indicate the reason behind the dispute between husband and wife. As per the facts narrated in the FIR, on 20.05.2023 when the complainant was alone in the house in the afternoon, present petitioner along with others tried to turn her out forcibly by throwing out her articles. The complainant resisted and thereafter she was given beating and allegedly, present petitioner tried to pour intoxicant/poisonous substance in her mouth forcibly. It is matter of record that till date the alleged knife used in the said occurrence has not been recovered. Matter was referred to Mediation and Conciliation Centre to explore the possibility of compromise but it could not materialize. Despite granted interim relief, he did not fully MONIKA RANI 2025.05.27 15:56 I attest to the accuracy and integrity of this document CRM-M-30020-2023 4 cooperate with the Investigating Agency to recover the alleged weapon used in the occurrence. 6. In the light of aforesaid factual position, I am not inclined to grant anticipatory bail in favour of the petitioner, accordingly his petition for anticipatory bail is declined. The interim relief already granted in his favour stands vacated. (AMARJOT BHATTI) JUDGE 26.05.2025. monika 1. Whether speaking/ reasoned : Yes /No 2. Whether reportable : Yes /No MONIKA RANI 2025.05.27 15:56 I attest to the accuracy and integrity of this document