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2025 Supreme(Online)(P&H) 28327

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



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 16.2.2026 Nitin Marwaha ......Petitioner Versus State of Punjab and another .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Harsh Chopra, Advocate for the petitioner.

Ms. Aakanksha Gupta, AAG, Punjab.

Mr. R.S.Bajaj, Advocate for respondent No. 2.

****

KIRTI SINGH , J. (ORAL)

CRM-6584-2026 The application is allowed as prayed for.

Short reply filed on behalf of respondent No. 2 is taken on record.

CRM-M-73029-2025

1. Prayer in the present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory bail to the petitioner, in case FIR No. 118 dated 07.11.2025, under Sections 85, 316(2), 115(2) and 75 of BNS, registered at Police Station Women Cell, Commissionerate Jalandhar.

2. Learned counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in the present case by respondent No. 2, who is the father of the victim by leveling sweeping allegations. It is submitted that the genesis of the present FIR lies in a matrimonial dispute which took place between the petitioner and the daughter of the complainant. It is also submitted that the roka ceremony between the petitioner and the daughter of the complainant was held on October 2023, and after a gap of almost one year thereof i.e. on 17.11.2024, their marriage was solemnized. Therefore, the allegation levelled in the FIR with respect to demand of dowry by petitioner and his family members at the time of the roka ceremony, are false as the complainant side had sufficient time to verify, reconsider and withdraw from the proposed alliance. It is also submitted that the couple also travelled to Singapore which clearly shows that the relationship between the parties was cordial. Learned counsel further submits that as per the MLR, there are no visible injuries on the person of the victim and it has further been mentioned in the MLR that the probable duration of injury cannot be commented. It has further been submitted that the petitioner is ready to join investigation and cooperate.

3. Per contra, the learned State counsel as well as the learned counsel for respondent No. 2 oppose the present petition.

4. Short reply by way of affidavit of Assistant Commissioner of Police, Command Center cum CAW and Children, Jalandhar, has been filed by the State, which is taken on record.

5. It is submitted that specific allegations have been levelled against the petitioner and other co-accused with regard to demand of dowry and physical and mental harassment of the victim. The petitioner and other accused persons prior to the marriage, deliberately misrepresented the material facts regarding the education and background of the petitioner and during the pre-marriage ceremonies, they exerted pressure upon the family

2026.02.18 12:26 of the complainant to give cash, gold ornaments, silver articles and other luxury hampers. Furthermore, after the marriage, the victim was subjected to continuous mental, emotional and physical cruelty for bringing insufficient dowry. Moreover, the accused also retained the istri dhan of the victim including gold ornaments, cash, clothes an other domestic items and refused to return the same. It is further submitted that the victim was medico legally examined and as per the MLR report, the victim was found to be suffering from pain in the left forearm, right wrist, right shoulder, right hand and neck. Therefore, the said report clearly establishes that the victim was subjected to physical cruelty and assault. Thus it is submitted that the allegations levelled in the FIR duly stand corroborated by the above medical evidence. It is therefore averred that the custody of the petitioner is required for further investigating the matter as well as to determine the exact sequence of events. Accordingly, it is prayed that keeping in view gravity of offences, the present petition be dismissed.

6. Heard th

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