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2025 Supreme(Online)(P&H) 12146

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



103+201 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-13742-2025 CRM-19595-2025 IN CRM-M-7151-2025 (O&M) Date of decision: 12.05.2025 YOGESH KUMAR SUKHIJA ....Petitioner Versus STATE OF PUNJAB AND ANR ....Respondents CORAM: HON'BLE MRS. JUSTICE AMARJOT BHATTI Present: Mr. Arnav Kumar, Advocate for the applicant-petitioner.

Mr. Japjot Singh, AAG, Punjab.

Mr. Yogesh Goel, Advocate Mr. Mayank Kalra, Advocate and Mr. Simrandeep Singh, Advocate for respondent No.2.

****

AMARJOT BHATTI , J .

CRM-13742-2025 This is an application for placing on record reply on behalf of respondent No.2 Learned State counsel as well as learned counsel for respondent No.2 suffered no objection if present application is allowed.

For the reasons mentioned in the application as well as no objection by aforesaid counsels, same is allowed and the accompanied document i.e. reply on behalf of respondent No.2 is taken on record, subject to all just exceptions.

Main Case Petitioner has filed present petition under Section 482 of BNSS, 2023 for grant of anticipatory bail in FIR No.10, dated 23.01.2021, under Sections 376 and 420 of IPC, registered at Women Police Station, Ludhiana (Annexure P-1).

2. As per facts of the case, present FIR has been registered on the written complaint filed by the prosecutrix ‘MS’. Said complaint was filed against Yogesh Kumar Sukhija and others. The prosecutrix alleged that she was 38 years old, divorcee, having two children. Smt. Anuradha Sharma was known to accused Yogesh Kumar Sukhija. Yogesh Kumar Sukhija and Doli Chopra @ Renu called her time and again that they were in search for suitable match for Yogesh Kumar Sukhija who was a divorcee. On this, Smt. Anuradha Sharma contacted the prosecutrix. Their matrimonial alliance started and at the instance of Yogesh Kumar Sukhija and Doli Chopra @ Renu it was decided to have a meeting at Sri Lanka. Since the prosecutrix could not arrange money for this meeting, Yogesh Kumar Sukhija sponsored the trip by depositing money in her account through his brother. Doli Chopra @ Renu could not come to Sri Linka. From 26.02.2019 to 01.03.2019, after understanding each other they decided to get married. Their marriage was performed in a Hindu Temple on 02.03.2019. They stayed together from 02.03.2019 to 05.03.2019. Thereafter, accused No.1 returned back on 05.03.2019 and it was decided that he would come to India in May. On 09.05.2019, present petitioner along with his family members came to her parental house and met her family. Yogesh Kumar Sukhija was given shagun Rs.1,51,000/-, gold ring, gold ginny and shagun was given to other family members. On 10.05.2019, their marriage was to be registered. When they collected in Ludhiana Courts, Yogesh Kumar Sukhija stated that he was not having documents regarding his divorce. He misled the prosecutrix by concealing this material fact. Accused No.1 claimed that his divorce case was pending at Hanumangarh and he will have decree of divorce of within two months. Regarding this, he gave a writing by way of agreement dated 10.05.2019. They stayed together till 06.06.2019. He again went back to New York on 07.06.2019. Thereafter, there was change in the behaviour of family members of Yogesh Kumar Sukhija. Behaviour of her husband also changed. On 18.07.2019, she went to Hanumangarh to enquire about the divorce case where she came to know that no divorce case was pending. In fact, his wife Smt. Chanchal Sukhija had filed a case under Domestic Violence Act. In this way, accused No.1 and other family members committed fraud with her. The accused persons raised demand of Rs.35,00,000/- in case she wanted to live with Yogesh Kumar Sukhija in future. With these allegations, present case was registered.

3. Learned counsel for petitioner pointed out that he was granted interim relief vide order dated 06.02.2025 and he has already joined the investigation. All allegations levelled against him are false. Since petitioner is married to the prosecutrix, no offence o

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