IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31973-2025 DECIDED ON: 20.06.2025 SUMAN LATA .....PETITIONER VERSUS STATE OF HARYANA .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. R.K. Nehra, Sr. Advocate with Mr. Saurav Bhatia, Advocate for the petitioner.

Mr. Surender Singh Pannu, Addl. AG, Haryana.

Mr. B.S. Rana, Sr. Advocate with Mr. Arvind Bishnoi, Advocate for the complainant.

SANDEEP MOUDGIL, J (ORAL)

1. Prayer The jurisdiction of this Court has been invoked under Section 482 BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No. 109 dated 13.03.2025 under Section 10, 6 of POCSO Act registered at Police Station Dharuhera District Rewari [Annexure P-1]

2. Prosecution story setup in the present case as per the version in the FIR as under:-

“One Application No. 353-PSP dated 03.03.2025 from Amit Khurana S/o Sh. Jagdish Khurana, resident of Dwarkadhish Dharuhera received Superintendent of Police Office DPO Rewari through post, the contents of which is as under: To The Superintendent of Police Rewari Subject: Taking appropriate legal action against Suman Mehla, Teacher at Raman Munjal Vidya Mandir Senior Secondary School, 67 Km Stone, Delhi-Jaipur Highway, VPO, Sidhrawali, District Gurugram. Respected Sir, The son of the applicant is the bonafide student of Raman Munjal Vidya Mandir and the accused Suman Mehla was his Class Teacher for Class XII. The son of the applicant namely Shonak Khurana, who is minor by age, his date of birth being 01.03.2007, has been sexually exploited by Suman Mehla. She has been calling him to her home, situated at Dwarkadhish Arawali Heights Society at Sector-23, Dharuhera, on the pretext of getting his academic work done. There she has been establishing physical relationship with the minor child, despite every knowledge that he was a minor. Further, she had taken the child to Sai Hotel at Sector-6, Dharuhera in the month of June 2024 and had established Physical relationship with him there as well and had also taken him to Fortune Hotel on the National Highway No. 8 in the month August/September 2024, there. established physical relationship of She had again with him. Thereafter, she had again established physical relationship with the child at Vipul Gardens, Dharuhera, where she had started to live after a tiff with her husband. The minor child had been enticed and sexually exploited by the accused and I pray for taking stern legal action. I am having video clips, which show the minor child and the accused in a compromising position, which I can produce. Sd/- Amit Dt. 03.03.25 APPLICANT Amit Khurana son of Shri Jagdish Khurana, Resident of C-4/104, Dwarkdhish Arawali Heights Dharuhera 7733046016. In this regard, a opinion has been obtained from the expert on the crime, which opinion is as under: A perusal of the papers supplied by SI Suresh Kumar P.S. Dharuhera as well discussion and also gone through the contents of Pen Drive it reveals that Shonak Khurana was minor at that time when Smt. Suman Mehla exploited him sexually. Further it is submitted that POCSO Act is gender neutral Act a perusal of contents contained in pen drive it reveals that Smt. Suman Mehla has committed aggravated sexual assault upon the child as prescribed is section 10 of POCSO Act. Furthermore, a perusal of the application and its contents thereof it reveals that section 6 of POCSO Act are attracted provided that I.O. may collect the relevant record for attracting this section. However I.O. is also at liberty to add or delete any section after collecting the relevant record/documents. The aim of the POCSO Act is to the paramount importance of the welfare of child. If agree we may refer the matter to the W/S.P. Rewari for appropriate necessary action. Make "A" is submitted for approval please Sd/ DDA Naresh Kumar Dt. 10.03.25 W/DA Mark "A" is approved S/S.P. S.P. Rewari forwarded the opinion. SHO Dharuhera to register FIR investigation Sd/- S.P. Rewari, SI Suresh For Regist