GURPREET SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The matrix of the facts & material, which needs a necessary mention for the limited purpose of deciding the instant petition, for anticipatory bail and emanating from the record, as claimed by the prosecution, inter alia, is that the marriage of complainant-Harmandeep Kaur daughter of Gurmeet Singh, respondent No.2(for brevity the complainant ) was solemnized with the petitioner on 28.01.2012, according to Sikh Rites and Ceremonies. Her parents were stated to have spent an amount of Rs.15 lacs at the time of marriage and gave sufficient dowry articles including gold ornaments i.e. four bangles and gold set weighing 80 gms to the petitioner, one gold Kada and ring weighing 15 gms to other accused, three rings weighing 15 gms and other articles mentioned therein in the list of articles appended with the FIR. All the pointed jewellery and articles were entrusted to the petitioner and his other co-accused with the assurance that the same would be handed over to the complainant for use in her matrimonial home. After solemnization of the marriage, the behaviour and attitude of the petitioner became very cruel. He started taunting the complainant that her parents have not given car and sufficient dowry articles to them in the marriage and they have been defamed in the society in this regard. They started pressurizing the complainant to bring luxurious car and Rs.5 lacs in cash from her parents. The complainant could not fulfill their illegal demand, then the petitioner started giving merciless beatings to her. She tolerated all the atrocities of the accused with the hope that better sense would prevail upon them with the passage of time and she would lead a happy married life, but in vain. The accused kept her in the matrimonial home like a slave. They forced her to perform all odd household duties even without providing meals. They made her life hell in her matrimonial home---.

(2.) Sequelly, the case of the prosecution further proceeds that in the month of April 2012, the petitioner and his other co-accused gave merciless beatings on account of the pointed demand of dowry(car and cash etc.) and ultimately turned her out from the matrimonial home in three wearing apparels. She very difficultly managed to reach her parental house and narrated the entire tale of woe to her parents. Her parents convened a Biradri Panchayat and went to the accused, where they confessed their guilt, apologized for their act and assured the complainant to keep in her matrimonial home. But the behaviour of the accused did not change. Few days thereafter, again all the accused started maltreating, harassing and demanded cash from her. Keeping in view the compelling circumstances, the parents of the complainant gave Rs.1 lac to the accused. Again, in the month of April 2012, the petitioner gave mercilessly beatings and threatened her with dire consequences of elimination.

(3.) Leveling a variety of allegations and narrating the sequence of events in detail in the FIR, in all, according to the complainant that although the indicated dowry articles and cash were given at the time of marriage and after marriage, but the petitioner and his other co-accused were not satisfied. The petitioner-husband taunted, harassed, tortured and treated her with cruelty in connection with and on account of demand of dowry. Even, the accused have refused to return and misappropriated the dowry articles of the complainant. In the background of these allegations and in the wake of complaint of the complainant, the present case was registered against the petitioner & his other co-accused, vide FIR No.176 dated 28.12.2013(Annexure P1), on accusation of having committed the offences punishable under sections 406 and 498-A IPC by the police of Police Station Bhikhiwind, District Tarn Taran.