Crl. Misc. No.M-31121 of 2010 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Date of decision: 06.12.2010 (1) Crl. Misc. No.M-31121 of 2010 Harsimrat Kaur and others .. Petitioners Versus State of Punjab .. Respondent (2) Crl. Misc. No.M-31916 of 2010 Devinder Singh Joshi .. Petitioner Versus State of Punjab .. Respondent (3) Crl. Misc. No.M-33336 of 2010 Naginder Singh Joshi and another .. Petitioners Versus State of Punjab .. Respondent Present:- Mr.Surinder Singh Joshi, Advocate, for the petitioner(s). Mr.M.C.Berry, Addl.A.G., Punjab. * * * * S.S. SARON, J. This order will dispose of three connected petitions i.e. CRM No.M-31121 of 2010, CRM No.M-31916 of 2010 and CRM No.M- 33336 of 2010 as they arise out of the matrimonial dispute between Crl. Misc. No.M-31121 of 2010 ::2:: Manisha and her husband Devinder Singh Joshi (petitioner in CRM No.31916 of 2010). The marriage between Devinder Singh Joshi and Manisha was solemnized on 24.11.2009. On account of the matrimonial dispute between them, the respective petitioners apprehend that Manisha would lodge a false FIR against them. The parents of Devinder Singh Joshi namely Balbir Singh Joshi and Paramjit Kaur and also his sister- Harsimrat Kaur have filed CRM No.M-31121 of 2010. Naginder Singh Joshi and Rupinder Kaur Joshi (petitioners in CRM No.M-33336 of 2010) are the brother and brother's wife respectively of Devinder Singh Joshi (husband of Manisha). Learned counsel for the State has submitted that a complaint has been received by the police of Police Station Gidderbaha, District Mukatsar against the petitioners wherein except Naginder Singh Joshi (petitioner No.1 in CRM No.M-33336 of 2010) all the other petitioners are involved. The matter is being inquired into by the Deputy Superintendent of Police, Gidderbaha and after inquiry, it is to be considered whether FIR is to be registered or not as the matter is at the initial stage. Learned counsel for the complainant has submitted that the petitioner-Devinder Singh Joshi has transferred the cash that was given to Manisha in his own name. Besides, he compelled her to abort the child. It is submitted that there are serious allegations against the petitioners. Keeping in view the facts and circumstances, the present is a case of matrimonial dispute which is at its initial stage; besides, it is yet to be considered whether the FIR is to be registered or not. Therefore, it would be just and expedient if the petitioners are given three days' notice in advance in case they are to be arrested so as to Crl. Misc. No.M-31121 of 2010 ::3:: enable them to avail the remedies in accordance with law. Accordingly, the Criminal Miscellaneous Petitions i.e. CRM No.M-31121 of 2010, CRM No.M-31916 of 2010 and CRM No.M- 33336 of 2010 are disposed of and in case, the petitioners in respective petitions are to be arrested, they shall be given three days' prior notice before arresting them. It is made clear that direction so given shall not in any manner be construed as an expression of opinion on the merits of the case and the Investigating Authority or the trial Court, as the case may be, shall consider the complaint on the basis of material as submitted before them and uninfluenced by this order. The order for grant of three days' notice shall remain operative for a period of six months. (S.S. SARON) December 06, 2010 JUDGE sukhpreet