IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
BARINDER KAUR – Appellant
Versus
STATE OF PUNJAB – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 10.02.2026 BARINDER KAUR ...PETITIONER VERSUS STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present: Mr. Kanwaljit Singh, Sr. Advocate with Ms. Muskan Sharma, Advocate for the petitioner.
Mr. Ishan Kaushal, AAG Punjab.
Mr. Santpal Singh Sidhu, Sr. Advocate with Mr. Deepdaman Singh Mann, Advocate for respondent.
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YASHVIR SINGH RATHOR , J. (Oral)
1. The present revision petition has been filed for setting aside the order dated 13.07.2022 passed by Court of learned Additional Sessions Judge, Ludhiana, arising out of FIR No.141 dated 16.10.2019 registered under Section 306/511 of Indian Penal Code (for short ‘IPC’) at Police Station Meharban, Ludhiana, whereby application for discharging of petitioner under Section 227 of Criminal Procedure Code (for short ‘Cr.P.C.’) has been dismissed on 13.07.2022 and on the same date, charge under Section 306 of IPC has been framed against the petitioner.
2. Brief facts of the case are that one FIR was got registered by one Jagsir Singh regarding the attempted suicide by his brother, namely, Jasbir Singh Grewal. As per the allegations, Jasbir Singh was a citizen of Canada who had previously married one Baljit Kaur, who took him to Canada in the year 2012. Thereafter, one dowry case was got registered by said Baljit Kaur against him and his family members. Upon investigation, all family members except Jasbir Singh were exonerated and his case is still pending in the District Court at Payal. During the pendency of these proceedings, Jasbir Singh obtained a decree of divorce from Baljit Kaur in the year 2014 in Canada. Thereafter, Jasbir Singh performed his second marriage with one Barinder Kaur-petitioner on 18.01.2019. The complainant further alleged that soon after his second marriage, Barinder Kaur along with her family members started pressurizing the deceased to take her along with her family to Canada. After two months of marriage, Jasbir Singh returned to Canada, where he applied the visa file of Barinder Kaur but father of his first wife namely Gurminder Singh had given an application at Canadian Embassy regarding his divorce case and stated that until its adjudication, his second wife should not be allowed to come to Canada. Due to this reason and the pressure from Barinder Kaur and her family members Jasbir Singh fell into depression which got more severe after he came to know that his second wife had already performed two previous marriages.
3. On 15.10.2019, at about 09:00 A.M., the complainant received a telephonic call from his wife Amandeep Kaur that Jasbir Singh and Barinder Kaur are involved in a heated argument and due to this, Jasbir Singh has consumed some poisonous substance. Upon receiving this information, complainant reached his home and saw that his brother was vomiting and lying unconscious. Thereafter, complainant took his brother to Fortis Hospital, Ludhiana. During treatment, Jasbir Singh’s mobile phone and a white napkin were found crumpled in the right pocket of the shorts worn by him. In the said napkin, Jasbir Singh had written that Barinder Kaur, Baljit Kaur along with their respective family members, were responsible for his death. On the basis of his statement, FIR No.141 came to be registered under Section 306/511 of IPC. Thereafter, condition of Jasbir Singh worsened and he died on 17.10.2019. One enquiry report (Annexure P-3) was submitted on 25.02.2020, which exonerated 10 out of the 11 people mentioned in the suicide note. Consequently, challan was presented against petitioner and charges were framed vide order dated 13.07.2022. On the same day, an application for discharge moved by the petitioner was also dismissed.
4. Feeling aggrieved, the revision petition in hand has been instituted and the record has been perused. All the parties have been heard.
5. Learned counsel for the petitioner argued that the impugned order vide which petitioner has been charg
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