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2025 Supreme(Online)(P&H) 9533

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 25.03.2026 PANKAJ VIG ......Petitioner Versus STATE OF PUNJAB .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. David Sardana, Advocate for the petitioner (through V.C.).

Ms. Aakanksha Gupta, AAG, Punjab.

Mr. Robin Lohan, Advocate for the complainant.

****

KIRTI SINGH , J. (ORAL)

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.88 dated 10.10.2023, under Sections 498-A and 323 IPC, registered at Police Station PS Women Cell, District SAS Nagar.

2. Vide order dated 12.03.2026, the petitioner was directed to join investigation. The said order is reproduced hereinafter:-

“Prayer in the present petition filed under Section 482 of BNSS, is for grant of anticipatory bail to the petitioner, in case FIR No. 88 dated 10.10.2023, under Sections 498-A and 323 IPC, registered at Police Station Women Cell, SAS Nagar, Mohali. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the instant case by the complainant on the sweeping allegations of demand of dowry and harassment. It is submitted that the marriage of the petitioner and the complainant was solemnized on 04.12.2016. Out of the said wedlock, a child was born on 26.10.2019. Prior to the marriage, both the parties were in a long standing live-in relationship, and were well aware about the financial status of each other. It is submitted that the petitioner had neither asked for any financial assistance, nor demanded any dowry from the complainant or her family. There is no material on record to substantiate the vague averments made in the FIR, which is an outcome of the matrimonial discord, and a counterblast to the divorce petition filed by the petitioner. Even the medical evidence does not substantiate the allegations of injuries purportedly inflicted upon the complainant. Furthermore, during inquiry, the family members of the petitioner were exonerated by the investigating agency. It is submitted that the petitioner is ready and willing to join investigation and cooperate.

Per contra, learned State counsel opposes the present petition. Status report by way of affidavit of Deputy Superintendent of Police, Crime Against Women and Children, District SAS Nagar (Mohali) has been filed by the State, which is taken on record.

Heard.

The genesis of the instant FIR lies in the matrimonial disputes between the parties. As per the report received from the Mediator, the matter could not be amicably settled between the parties. All the allegations levelled against the petitioner are disputed questions of facts, veracity of which shall be determined in due course of the trial.

In view of the above, the petitioner is directed to 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.

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

Adjourned to 25.3.2026.”

3. Learned State counsel on instructions from ASI Karam Singh, submits that in compliance of order dated 12.03.2026, the petitioner has joined the investigation on 17.03.2026 and is not required for any further investigation.

4. Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 12.03.2026 passed by this Court, is hereby made absolute, subject to the co

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