Crl. Misc. No. M-14813 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-14813 of 2010 (O&M) Date of Decision: May 26, 2010 Parminder Kaur and others ........Petitioners Versus State of Punjab and another .......Respondents CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. G.S. Sandhawalia, Advocate for the petitioners. Mr. Amandeep Singh Rai, AAG, Punjab. Mr. J. S. Thind, Advocate for the complainant. SABINA, J. Petitioners have filed this petition under Section 438 of the Code of Criminal Procedure (in short 'Cr.P.C.') for issuance of direction to the arresting officer to release the petitioners on bail in the event of their arrest in case FIR No.09 dated 30.04.2010, under Sections 498-A,506,406 of Indian Penal Code (in short 'IPC'), Police Station Kabirpur, District- Kapurthala. The contents of the FIR (Annexure P-2) reads as under :- “I, Arpinder Kaur D/o Ajit Singh W/o Hardilbag Singh, resident of Village Lodhiwal Tehsil Sultanpur Lodhi, Distt. Kapurthala, am a Bachelor of Science in nursing and working at Apolo Hospital Ludhiana as a Staff Nurse. I had an arranged marriage with Mr. Hardilbag Crl. Misc. No. M-14813 of 2010 (O&M) 2 Singh S/o Late Sh. Jagtar Singh of village Mulewal Araian, Tehsil Shahkot, Distt. Jalandhar on 13.02.2009. The marriage was solemnized at Happy Rasort Palace, Sultanpur Lodhi in the presence of respectables and relatives. Copy of the marriage certificate registered with Sub Registrar Shahkot is attached for perusal. My husband Hardilbag Singh was living in USA (2550 Hill Born 38 Fair Field California-94534) and he assured my family member that since he is permanent resident of USA he will arrange for my migration to USA shortly after the marriage. He and his family comprising his mother Kulwant Kaur wife of late Jagtar Singh and sister Mrs. Parminder Kaur w/o Mr. Bikramjit Singh village Fattuwal, Sultanpur Lodhi and Sandeep Kaur (unmarried) and resident of village Mulewal Araian, Tehsil Shahkot, Distt. Jalandhar, demanded that the marriage should be nrcran,7erI with a lot of pomp and show as Hardilbag Singh is from USA. My parents with support from my maternal family (where I had spent my childhood and studied) and other relatives acceded to their demands and spent more than 20 lacs on the marriage. A major portion of this expenditure was spent for meeting the dowry demand as insisted by my husband and in-laws (Kulwant Kaur mother-in-law and sister-in-laws Sandeep Kaur and Parminder Kaur) and completing of gold ornaments, garments, gifts and cash to the family members. These Crl. Misc. No. M-14813 of 2010 (O&M) 3 items were given by my parents to my husband, mother-in- law, sister-in-law in the presence of respectable at various occasions. Demands for dowry and cash kept continuing from my husband and mother-in-law. To still keep them happy for my safe future, my parents paid them Rs.2,00,000/- by means of a cheque (cheque no.836701 of State Bank of Patiala, Sultanpur Branch) which was credited by my husband Hardilbag Singh in his account (Photocopy of the proof is enclosed for perusal). My parents spent this money by using all their savings from the past and taking loans from the money lender. In addition to a liberal assistance from my maternal parents (where I had studied and spent most part of my life) and other near relatives. All these dowry demands were met and adjusted in good faith with a hope that I would be treated with dignity and respect. My dreams of a decent and respectful married life were extremely short lived as I slowly and slowly discovered that I had been cheated in a pre-planned conspiracy. My husband Hardilbag Singh started pressurizing me to demand about 15 lacks rupees from my parents and maternal family for paying to the travel agent, if I wanted to migrate to USA. He accompanied by his mother Kulwant Kaur, sister Sandeep Kaur, sister Parminder Kaur and her husband Bikramjit Singh stated harassing and taunting me from the very next day of the marriage that the dowry given by my parents was not to Crl. Misc. No. M-14813 of 2010 (O&M) 4 their satisfaction. I was time and again pressurized by my husband, mother-in-law and sister-in-law (Sandeep and Parminder) to get more money from my parents/maternal family. I was even forcibly stopped by my husband, mother-in-law and sister-in-law (Sandeep and Parminder) from going for my job at Apolo Hospital Ludhiana. As a result my employment was terminated by the hospital, thus ruining my otherwise supporting career. Also my father Ajit Singh had to pay Rs.45000/- to the Apolo Hospital Management for returning back my original documents held in their custody as per Job contract agreement. In addition to this money the management also deducted my one month salary (approximately Rs.6000) for leaving the job without prior notice. I had to suffer for all this loss because unbearable pressure created by my husband, mother-in-law and sister-in-law (Sandeep and Parminder). To leave the job stating that it is just worth Hardilbag Singh's 6 hour of work in the USA. My mother-in-law and sister-in-law (Sandeep and Parminder Kaur w/o Bikramjit Singh) also misappropriated my money approximately Rs.65000/- given to me as Kanyandaan my parents and other relatives at my departure after marriage from Happy Resort palace held in my purse. On inquiring about it I was told that the money has been used for meeting the domestic expenditure. I did not make any major fuss over this in the overall interests of my marriage. My husband, mother-in- Crl. Misc. No. M-14813 of 2010 (O&M) 5 law Kulwant Kaur and sister-in-law (Sandeep and Parminder) started harassing and assaulting me on a slightest pretext without any provocation from my side. My sister-in-law Parminder Kaur W/o Bikramjeet Singh though married at village Fatuwal spends most ofher time at my in-laws house as village Fatuwal is very near to my in-laws place. My husband Hardilbag Singh thereafter returned back to USA on 08/04/2009. My mother mother- in-law Kulwant Kaur and sister-in-law Sandeep Kaur and Parminder Kaur kept ringing my husband Frequently and instigating him to divorce me and re marry in another family for 'more dowry. They also started harassing and torturing me unnecessarily, time and again threatening that I will be thrown out of the house, if their demands for dowry were not met. I was physically assaulted and threatened by them on a number of occasions and was not allowed to use the house hold items stating that I had not brought enough dowry. My sister-in-law Sandeep Kaur even snatched away all my suits, gifts and gold ornaments and slapped me when I tried to resist. My mother-in-law Kulwant Kaur, who was also present on the scene also abused and pulled me from my neck using my wardrobe (Chunni). My husband Hardilbag Singh threatened me of dire consequences and hurled abuses through telephonic calls from USA on a number of occasions. He repeatedly told me that he will make my life hell and will treat me like Crl. Misc. No. M-14813 of 2010 (O&M) 6 a maid servant. This completely shattered my self esteem, dignity and confidence levels and caused me unbearable mental stress. My husband come to India on 22/11/2009. A big gathering of Panchayat and near relatives was assembled at village Fatuwal to high light the atrocities being committed on me by my husband and in-laws. I was taken back place after my husband and mother-in-law assured my family members and other respectable that my respect and dignity will be restored. I had dreamed that my life will improve now but these never got realized. My husband had sum other set of fraudulent plans, which he never shared with me or my parents. He took away whatever money I had in my purse (approximately Rs.16000/- given to me by my parents and maternal family members) without my knowledge and consent. My husband, mother-in-law and sister-in-law Sandeep Kaur also canceled away my marriage certificate which I had kept in my almirah locker. This was never given back to me and my husband abused me vehemently for enquiring about it. Thereafter on 10.1.2010 my husband Hardilbag Singh accompanied by Kulwant Kaur (mother-in-law) and Sandeep Kaur (sister-in-law) took me in the car and dropped me at my parents house at village Lodhiwal stating that they are going for performing Karseva at dera Radha Swami Beas and will come back shortly to pick me up. I was utterly shocked and shattered to discover Crl. Misc. No. M-14813 of 2010 (O&M) 7 subsequently that my husband, mother-in-law and sister-in- law Sandeep Kaur and Parminder Kaur and her husband Bikramjeet Singh had collaborated with each other cheated me as my husband departed for USA by duping me by giving misleading information, after few days, my father took me to my in-laws place and I was denied entry in the house by my mother-in-law and sister-in-law Sandeep Kaur, who hurled abuses and started threatening us. They also rang up my husband in USA and in the turned he also used violent, threatening and abusive language to warn me of dire consequences. He threatened me starting that will have me thrown out of the house using his influence, connections and money power. His threats to me over telephone call are still continuing till date. That the marriage was solemnized at Happy Resort Palace at Sultan Pur Lodhi Distt. Kapurthala. The dowry articles were given to my in-laws at Sultanpur Lodhi and the various money transactions were also done at Sultanpur Lodhi, Distt. Kapurthala. Hence, the police of District Kapurthala has jurisdiction to register and investigate the case. As well as the Hon'ble Courts in District Kapurthala have got jurisdiction to try and decide the case. It is therefore, prayed that an FIR U/s 498-A, 406 as well as U/s of Domestic Violence Act and under Dowry Prohibition Act as well as under the other appropriate section of law may kindly be registered." Crl. Misc. No. M-14813 of 2010 (O&M) 8 Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely involved in this case. Complainant was married with Hardilbag Singh, who is residing in America. The husband of the complainant had made serious efforts to sponsor the complainant, but while the husband of the complainant was away to America, some differences arose between the complainant and the petitioners and due to this reason they have been falsely involved in this case. Learned State Counsel, who is assisted by the counsel for the complainant, has submitted that all the petitioners had been harassing the complainant and were demanding Rupees fifteen lacs from the complainant to send her abroad. After hearing learned counsel for the parties, I am of the opinion that no ground for grant of anticipatory bail to the petitioners is made out. The allegations levelled against the petitioners are serious in nature learned State Counsel has submitted that custodial interrogation of the petitioners is necessary. Dismissed. (SABINA) May 26, 2010 JUDGE Anand