206 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ****

CRM-M-62641-2024 Date of Decision: 13.02.2025 ****

Prabhjot Kaur ..... Petitioner Versus State of Punjab and another ..... Respondents CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Ms. Tarranum Madan, Advocate for the petitioner.

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

Mr. C.S. Jatana, Advocate, for respondent No.2.

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JASGURPREET SINGH PURI , J . (ORAL)

1. The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (438 of the Code of Criminal Procedure) for grant of anticipatory bail to the petitioner in FIR No.0022, dated 22.11.2024, under Sections 498-A & 406 IPC, registered at Police Station Women Cell, Bathinda.

2. Learned counsel for the petitioner submitted that the present FIR was registered on the basis of the complaint made by respondent No.2, who is the brother of the bride, namely, Navpreet Kaur against the petitioner and her brother, namely, Amritpal Singh and her husband, namely, Baljit Singh and also against some other co-accused. She further submitted that the petitioner being the sister-in-law has been falsely implicated in the present case on the ground that she had also been entrusted with some dowry articles and had subjected her to cruelty. She also submitted that the petitioner is already a married lady and is residing in her matrimonial home. She further submitted that even the dispute is between her sister-in-law, namely, Navpreet Kaur and her brother, namely, Amritpal Singh and they both are residing in Australia from the year 2020 and a matrimonial case was also filed in the Court of Australia and in that the list of entrusted dowry articles have been supplied and the matter has been settled in the Court of Australia which is inter se between them but so far as the present petitioner is concerned, she has been falsely implicated in the present FIR and even otherwise also, in pursuance of the order dated 18.12.2024, the petitioner has not only joined the investigation but has also fully cooperated with the investigation process and therefore, the aforesaid interim order may be made absolute.

3. On the other hand, Mr. P.S. Bhandari, learned AAG, Punjab, has stated on instructions from ASI Bhola Singh that in pursuance of the order dated 18.12.2024, the petitioner has joined investigation and has cooperated with the investigation process and is not required for custodial interrogation. He however submitted that some of the dowry articles have not been returned to respondent No.2/complainant as per his instructions.

4. Mr. C.S. Jatana, learned counsel for respondent No.2/complainant has submitted that since all the dowry articles have not been returned, the petitioner does not deserve the concession of anticipatory bail.

5. I have heard the learned counsel for the parties.

6. It is a case where the petitioner is a lady and sister of the aforesaid Amritpal Singh, who has a matrimonial dispute with Navpreet Kaur and they are both residing in Australia and they got into matrimonial implications which has also been culminated. This Court is of the considered view that the mere fact that some of the dowry articles are with the present petitioner, cannot become a ground for denial of anticipatory bail especially in pursuance of the order dated 18.12.2024, when the petitioner has already joined investigation and has fully cooperated with the investigation process.

7. In view of the aforesaid facts and circumstances, the present petition is allowed. It is directed that in case in future the petitioner is required to join investigation, then she shall join the same and shall also co- operate fully with the investigation process. In the event of arrest, the petitioner shall be released on bail on her furnishing of personal bonds and surety bonds to the satisfaction of the Arresting/Investigating Officer and she shall also abide by the conditions as provided under Section 482(2)

BNSS.

13.02.2025 (JASGURPREET SINGH PURI)