(210) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 09.12.2025 BALKARAN SINGH AND ANR.

... Petitioners Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Jasmail Singh Brar, Advocate for the petitioners Ms. Sakshi Bakshi, AAG, Punjab Mr. Arshdeep Singh Brar, Advocate for the complainant ****

MANISHA BATRA, J.

1. The instant petition has been filed by the petitioners under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking grant of anticipatory bail in case arising out of FIR No.84, dated 08.05.2025 under Section 318(4) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) at Police Station Baghapurana, District Moga, on the allegations that the complainant-Gurjit Singh was interested to settle abroad. He was informed by someone that Simranjeet Kaur, daughter of the present petitioners had done her PTA Course and was also interested to go on study visa to Canada, but her family was unable to afford the expenses. The families of the complainant and the petitioners had met and a written agreement was executed between them, as per which it was settled that the daughter of the present petitioners i.e. Simranjit Kaur would be sent to Canada on study basis and her entire expenses will be borne by the complainant and in lieu thereof, she would get married with the complainant and would call him to Canada. Their ring ceremony was performed on 12.02.2024. She was married with the complainant on 23.2.2024. One year study visa as well as work permit was arranged for Simranjit Kaur, daughter of the petitioners and she went to Canada on 19.03.2024. All the expenses of marriage and for sending her abroad as well as expenses for paying the fee for her study visa had been borne by the complainant/his family and in this manner an amount of Rs.45,00,000/- had been spent by them. After reaching Canada, Simranjit Kaur flatly refused to call the complainant and started talking about obtaining a divorce from him. The complainant and his family asked for the money given to the petitioners as well as to Simranjit Kaur, but the petitioners bluntly refused to do so. By alleging that he had been duped at the hands of the petitioners and their daughter, the complainant prayed for taking action in the matter.

2. After registration of FIR, investigation proceedings have been initiated and are underway. Apprehending their arrest, the petitioners jointly filed an application for grant of anticipatory bail, which has been dismissed by the Court of learned Additional Sessions Judge, Moga vide order dated 02.06.2025.

3. It is argued by learned counsel for the petitioners that they have been falsely implicated in this case being parents of Simranjit Kaur. Neither they have deceived the complainant nor he was fraudulently or dishonestly induced by them to pay any amount of money. There is nothing on record to show that they had any intent to cheat the complainant at the beginning. The petitioners have paid an amount of Rs.11 lakhs to the complainant before lodging of FIR. Cheque for an amount of Rs.4.10 lakhs as obtained from the petitioner No.1 by the complainant has also been got encashed. One blank cheque of the petitioner No.1 is still in possession of the complainant. No money whatsoever was given by the complainant to the petitioner No.2 and money that was transferred in account of petitioner No.1 had been spent for sending the daughter of the petitioners abroad and not for any other purpose. The complainant could not be sponsored by their daughter to Canada, since the Canadian Government has changed Spousal Work Permit Policy (SOWP) and the complainant on coming to know about this fact, has even moved application for getting back the money deposited with the Canadian Embassy. The life of their daughter has been ruined by the complainant. The provisions of Section 318(4) of BNS are not at all attracted against the petitioners. Rather they are the victims. They are r