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2024 Supreme(Online)(P&H) 11875

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



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 28.10.2025 Pronounced on: 07.11.2025 Rajwinder Kaur .... Petitioner Versus State of Punjab .... Respondent CORAM: HON’BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Nikhil Ghai, Advocate and Mr. Akhil Godara, Advocate, for the petitioner.

Mr. Anup Singh, AAG, Punjab.

None for the complainant.

------

NAMIT KUMAR, J.

1. Instant petition has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking concession of regular bail to the petitioner in FIR No.170, dated 08.09.2013, registered under Sections 304-B, 302, 498-A of IPC at Police Station Lalru, District SAS Nagar, Mohali.

2. Briefly stated, the FIR in question was registered on the statement of Karamjit Singh, on account of death of his younger daughter, against Jaswinder Singh, Sukhwinder Singh, Naib Kaur and Rajwinder Kaur (petitioner), stating therein that he is an agriculturist and has two daughters. His younger daughter, namely, Sandeep Kaur (since deceased) had married Jaswinder Singh on 06.02.2010 and at the time of marriage, he had given sufficient istridhan to her as per his financial capacity. It was alleged that after about 2-3 months of marriage, his daughter was subjected to harassment by her mother-in-law Naib Kaur, husband Jaswinder Singh, brother-in-law Sukhwinder Singh and sister-in-law (jethani) Rajwinder Kaur (petitioner) on account of bringing insufficient dowry and she was being constantly maltreated by the said accused persons. Subsequently, the complainant brought his daughter back to his home where she gave birth to a male child, Prabhjot Singh. During her stay, she disclosed that she was regularly subjected to cruelty and harassment due to insufficient dowry. She also informed the complainant that her husband Jaswinder Singh was maintaining illicit relations with his sister-in-law (jethani) Rajwinder Kaur (petitioner), due to which, her husband used to harass her. After the birth of the child, Surinder Singh (Ex-Sarpanch of the Village), along with the panchayat, visited the complainant’s house and after facilitating a compromise between the parties, Surinder Singh took Sandeep Kaur and her son back to her matrimonial home. However, subsequently, she was turned out of her matrimonial home without her child and returned to her parental home where she stayed for approximately eight months without her son. Thereafter, with the intervention of the panchayats of both the villages, Sandeep Kaur was again sent back to her matrimonial home.

Thereafter, Jaswinder Singh went abroad (Dubai) and during his absence, neither the complainant and his family were permitted to meet Sandeep Kaur nor was she allowed to visit her parental home. On the day prior to the incident, the complainant received a phone call from his daughter Sandeep Kaur, who informed him that she had been beaten by her husband Jaswinder Singh and her brother-in-law Sukhwinder Singh. She further informed that the grandmother of Jaswinder Singh had expired on 06.09.2013 and her ashes were to be immersed on 08.09.2013. She also mentioned that her husband Jaswinder Singh had returned from Dubai on 02.09.2013 and all the family members were harassing and humiliating her on account of bringing insufficient dowry. The complainant then went to his daughter’s matrimonial home on 08.09.2013 to attend the ritual of immersion of the ashes of grandmother of Jaswinder Singh and upon arrival, he came to know that Sandeep Kaur had expired and found her lifeless body lying on the bed.

2.1 Pursuant to the registration of aforesaid FIR, investigation was commenced, spot was inspected, site plan was prepared and the statements of witnesses were recorded under Section 161 Cr.P.C. The recoveries effected from the spot including the suicide note of the deceased and a saffron coloured scarf were also taken into police possession.

2.2 On completion of investigation, police report was submitted. Initially, police report was subm

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