202 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 07.02.2025 (I) CRM-M-47228-2024 JASWANT SINGH ...Petitioner(s)

VERSUS STATE OF PUNJAB AND ANOTHER ...Respondent(s)

(II) CRM-M-47496-2024 HARKIRAT SINGH ...Petitioner(s)

VERSUS STATE OF PUNJAB AND ANOTHER ...Respondent(s)

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Mr. A. K. Khunger, Advocate for the petitioner(s) in both the cases.

Mr. P. S. Bhandari, AAG, Punjab.

Mr. Loveneet Thakur, Advocate for respondent No.2.

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JASGURPREET SINGH PURI, J. (Oral)

1. Both the petitions are taken up together for final disposal with the consent of learned counsels for the parties since both the petitions arise out of the same FIR and the prayer in both the cases is for grant of anticipatory bail.

2. Both the petitions have been filed under Section 482 of the BNSS, 2023 for the grant of anticipatory bail to the petitioners in FIR No.65 dated 15.07.2024, under Sections 498-A, 406 of the IPC (Offences under Sections 498-A, 406 of the IPC were subsequently converted into offences under Sections 85, 316(2) BNS vide DDR No.26 dated 01.09.2024), registered at Police Station Sadar Jalalabad, District Fazilka, Punjab.

3. The aforesaid FIR was registered by respondent No.2-wife against her husband, namely, Harkirat Singh and in-laws. CRM-M-47228-2024 has been filed by the father-in-law of respondent No.2 and CRM-M-47496-2024 has been filed by the husband of respondent No.2 for the grant of anticipatory bail. As per the allegations, the marriage between the petitioner, namely, Harkirat Singh and respondent No.2 was solemnized on 10.11.2023 and some articles were given as gift which included one gold bracelet weighing 1-1/4 tolas, ring weighing half tola, motorcycle Hero Splendor to petitioner-husband, gold ring of half tola to father-in-law, gold earrings of one tola to mother-in-law, one gold ring weighing five aannas to elder brother-in-law, one gold ring weighing five aannas to elder sister-in-law and two pairs of gold earrings weighing 1-1/2 tolas to respondent No.2-wife, totalling approximately 5-1/2 tolas. Apart from the above, some furniture was also given including double bed, one LED, sofa set, table, almirah and utensils etc.

4. A matrimonial discord took place between the petitioner-Harkirat Singh and respondent No.2, which resulted into lodging of the present FIR. Both the petitioners i.e. the husband and father-in-law of respondent No.2 filed their respective anticipatory bail applications before the learned Sessions Court and both of them were granted interim bail and both of them joined the investigation. However, their anticipatory bail applications were dismissed on the ground that although they have joined the investigation but some of the aforesaid articles have not been returned.

5. Thereafter, both the petitioners filed their respective anticipatory bail petitions before this Court, which are the present petitions and in the petition filed by the husband i.e. CRM-M-47496-2024, vide order dated 23.09.2024, the parties were directed to appear before the Mediation and Conciliation Centre of this Court on 14.10.2024 for exploring the possibility of an amicable settlement and it was further directed that in the meantime, no coercive action shall be taken against the petitioner-Harkirat Singh. So far as the petition filed by father-in-law of respondent No.2 i.e. CRM-M-47228-2024 is concerned, vide order dated 23.09.2024, he was granted interim anticipatory bail. The parties in CRM-M-47496-2024 appeared before the Mediation and Conciliation Centre of this Court and as per the report received from the Mediator, the mediation failed.

6. Mr. P. S. Bhandari, AAG, Punjab submitted on instructions that both the petitioners had joined the investigation at the time when interim bail was granted to them by the learned Sessions Court but their anticipatory bail applications were eventually dismissed on the ground of non-return of some of the dowry articles. He further s