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2025 DAILYLAW 70686 (PNJ)

HARPREET KAUR v. STATE OF PUNJAB

CRM-M/32886/2025 · 2025-07-09

N S Shekhawat

body2025

Judgment text

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241 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32886-2025 Date of Decision:09.07.2025 Harpreet Kaur …Petitioner vs. State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Amandeep Singh Sidhu, Advocate for the petitioner. Mr. Ravneet Singh Joshi, DAG, Punjab. Mr. Deep Singh, Advocate for the complainant. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the present petition under Section 483 of B.N.S.S with a prayer to grant regular bail to her in case FIR No. 45, dated 29.03.2025, registered under Section 108 of B.N.S, Police Station Boha, District Mansa (Annexure P-1). 2. The FIR in the present case was registered on the basis of the statement made by Harbhajan Singh son of Kartar Singh and the same has been reproduced below:- “Statement of Harbhajan Singh, son of Kartar Singh, R/o Mal Singh wala, aged about 65 years, Mobile: 98779-05026 stated that I am resident of above-stated address and indulge in farming. I having two sons and one daughter, eldest daughter Jaswinder Kaur is married, and son Manpreet Singh who is younger to her, is also married and whereas youngest son Gurpreet Singh @ Jung aged around 32 years is unmarried. My HITESH 2025.07.10 10:19 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-32886-2025 -2 son Gurpreet Singh is educated up to 5th grade, that as they have very less land and due to family's weak financial condition he had gone to Dubai (Arab Country) about 6-7 years back. Who has been working as a labourer in Jebel Ali, City of Dubai. He would visit his village every 2-2.5 years and had returned three times previously. His current phone number was 90418-51561 (India) and mobile number of Dubai was +971542317932. That when my son used to return Punjab, he had developed a relation with Harpreet Kaur, wife of Sukhpal Singh, resident of Gamiwala (currently resident of Mansa). Who would often spend his earnings which he made at Dubai on Harpreet Kaur while visiting Punjab, and few times it also comes into my knowledgethat he sometimes transferred money directly to her account from Dubai. Gurdeep Singh, son of Inder Singh, a resident of Mall Singh Wala, was aware of this relationship and had seen them together multiple times. Approximately 15 days prior to the statement, Gurpreet Singh returned to Punjab from Dubai. About 8-10 days before giving the statement, he became restless. I and my elder son Manpreet Singh asked him about his distress, Gurpreet Singh revealed his long-standing relationship with Harpreet Kaur who used to extort money from me, and sometimes I transferred the money into her account from Dubai also but now I have no money, and Harpreet Kaur was is pressuring him for more money, and harassing him due to which I do not want to live my life. We both tried to console him, suggesting they would resolve the matter through the village panchayat and emphasizing the value of life. On March 24, 2025, I and my son Manpreet Singh was present in the house then at around 10:00 PM, Gurpreet Singh came home in a disoriented state, appearing to have consumed a poisonous substance. When I asked, he stated that he had consumed the poisonous substance being fed up from Harpreet Kaur. He then collapsed in front of us. Then after arranging the vehicle, we tookhim to Naina Hospital in Budhlada for treatment. However, on March 28, 2025, Gurpreet Singh's condition worsened, and he was HITESH 2025.07.10 10:19 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-32886-2025 -3 transferred to Pregma Hospital in Bathinda where during the treatment He passed away yesterday. Who till now was not in senses. After Gurpreet Singh's death, his body was left at Pregma Hospital, Bathinda, with Mandeep Singh, son of Jagseer Singh, resident of Hakam Wala, and we returned to the village in thenight. You along with the police party met at the Malko bus stand. Statement is recorded to you and is heard and is correct. legal action be taken against Harpreet 2 Kaur.SD/ Harbhajan Singh.” 3. Learned counsel for the petitioner contends that from the averments made in the FIR, it is apparent that no offence under Section 108 of B.N.S is made out against the petitioner. In fact, the petitioner is a lady and was having friendly relations with the deceased. However, she had never instigated Gurpreet Singh, deceased to commit suicide and it has been falsely alleged that the she was harrasing the deceased. Even, from the record, it is evident that no complaint was ever made by Gurpreet Singh against the petitioner. Even he did not leave behind any suicide note or record to show that he was ever harassed by the petitioner. The petitioner was arrested in the present case on 30.03.2025 and is in custody since then. The challan has been presented against the petitioner and the case is listed before the Trial Court on 10.07.2025. He further contends that out of 25 witnessses no witness has been examined so far. 4. A status report by way of an affidavit of Deputy Superintendent of Police, Sub-Division Budhlada, District Mansa has been filed on behalf of respondent-State and the same is taken on record. 5. On the other hand, learned State counsel assisted by learned counsel for the complainant have vehemently opposed the submisions made by learned counsel for the petitioner on the ground that the petitioner is the main accused, who had extored money from the deceased and due to mis-conduct on HITESH 2025.07.10 10:19 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-32886-2025 -4 the part of the petitioner, he was left with no other option except to commit suicide. There is sufficient evidence to show that the present petitioner had abeted the suicide of Gurpreet Singh. Thus, the present petition deserves to be dismissed by this Court. 6. I have heard the learned counsel for the parties and perused the record carefully. 7. In the present case, it has been alleged that Gurpreet Singh, since deceased was working abroad and while on his return to India, he used to stay with petitioner. It has been further alleged that due to harassment by the petitioner, he had committed suicide. However, the prosecution is yet to lead evidence with regard to the ingredients of the offence under Section 108 of B.N.S. 8. Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial on her furnishing bail bonds and surety to the satisfaction of the concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate. (N.S.SHEKHAWAT) 09.07.2025 JUDGE hitesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HITESH 2025.07.10 10:19 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh