101 + 213 – 2 cases IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:- 10.03.2025 (1) CRM-M-33852-2024 (O&M)

HARDEV SINGH SANDHU ....Petitioner Vs.

STATE OF PUNJAB & ANR. ...Respondents (2) CRM-M-34374-2024 (O&M)

KAWALJIT KAUR VIRK ....Petitioner Vs.

STATE OF PUNJAB & ANR. ...Respondents CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. S.P.S. Sidhu, Advocate with Mr. Rajat Dogra, Advocate for petitioner in both cases.

Mr. Kewal Singh, Addl. A.G. Punjab.

Mr. S.S. Sidhu, Advocate for respondent No.2 in both cases.

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AMARJOT BHATTI, J. (Oral)

CRM-6804-2025 in CRM-M-33852-2024 CRM-6807-2025 in CRM-M-34374-2024 Learned counsel for applicants/petitioners have filed aforesaid applications for placing on record order dated 29.01.2025 Annexure A-1.

Learned counsel for the State submits that he has no objection to the applications being allowed.

For the reasons mentioned in the applications and no objection suffered by State counsel, applications are allowed and accompanied documents i.e. orders dated 29.01.2025, in both cases, are taken on record, subject to just exceptions.

CRM-M-33852-2024 & CRM-M-34374-2024

1. Petitioner – Hardev Singh [in CRM-M-33852-2024] and petitioner Kawaljit Kaur Virk [in CRM-M-34374-2024] have filed instant petitions under Section 438 Cr.P.C. for grant of anticipatory bail in FIR No.55 dated 01.05.2024 under Sections 406, 420, 465, 467, 468, 471, 498- A, 506 and 120-B of IPC registered at Police Station Women Cell, District SAS Nagar, Mohali (Annexure P-1). These petitions are taken up together for hearing and decision being arisen out of the same FIR.

2. Facts of the case are, complainant Harkirat Kaur filed written complaint against Hardev Singh Sandhu – father-in-law, Balbir Kaur – mother-in-law, Kawaljit Kaur – sister in law, Harijap Singh and Shahbaz Singh alleging that her marriage was performed with Jatinder Singh Sandhu on 29.05.2004. Out of this wedlock, she gave birth to a son Vijay Karan Singh. After marriage, all her jewellery was retained by her mother-in-law and sister-in-law with the assurance that they will give the same as per her requirement. Her father-in-law Hardev Singh was having ancestral land about 6 acres and a house in village Shahpur Ghataur, Tehsil Kharar and about 14 to 15 acres of ancestral land in village Mooju Khera, Tehsil and District Sirsa. Complainant alleged maltreatment in the matrimonial home for bringing less dowry. In the year 2009, 6 acres of land in village Shahpur Ghataur was sold along with ancestral house for a sum of Rs.4 crores where Rayat Bahara University is situated. With the said sale consideration, house No.107, Sector-11, Kharar, District SAS Nagar, Mohali was purchased by her husband and the sale deed was registered in the name of Balbir Kaur mother-in-law out of love and affection as well as with the view to pay less stamp duty applicable in case of female. Said Balbir Kaur and Hardev Singh assured to transfer the said house in the name of their grandson Vijay Karan Singh. Since then they are residing in the same house along with her in-laws. Complainant alleged that documents regarding fixed deposits in various banks are also in possession of accused persons. Her husband was doing the business of finance. At the age of 54 years, he expired on 06.06.2023 (in petition and reply date of death is mentioned as 03.06.2023) leaving behind the complainant and her minor son. After 2-3 months from the death of her husband, accused persons started maltreating her. She was told to get her share in the property from her parents otherwise she will be turned out of the matrimonial home. She expressed her inability to fulfil their demand. She asked accused persons that aforesaid house may be transferred in the name of her son as per their assurance and her entire istridhan be also returned to her. She also requested that agricultural land situated in District Sirsa be also mutated in favour of her son. Accused persons allured the complainant that