BAKHTAWAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner herein seeks anticipatory bail under Sections 438 of the Code of Criminal Procedure in FIR No. 42 dated 29.4.2016 under Sections 498A, 406, 506, 342, 323, 354, 34 IPC registered at Police Station Sirhind District Fatehgarh Sahib.

(2.) In brief, the facts are that petitioner and complainant Hargeet Kaur solemnized their marriage in the year 2002 when she was only 19 years of age at that time. It is alleged in the F.I.R that the marriage was solemnized at Ludhiana with the consent of both the parties, according to Hindu Sikh ceremony and thereafter they left for Amritsar, out of which wedlock one child namely, Udaiveer Singh was born on 18.8.2006. It was submitted that at the time of wedding, expensive meals were provided by the parents of the complainant to approximately 900 persons and approximately an amount of Rs. 6,26,1200/- was spent on the marriage. Initially, the relationship remained cordial between them. However, this did not last very long and there was a gradual change in the behaviour of the husband and his parents towards the complainant. She was taunted for not bringing adequate dowry items and also taunted for not bringing a car in the dowry. It was also alleged that false information had been given about the character of her husband and it had been concealed that he had been convicted for 15 days in jail, while also misrepresenting that he was earning Rs. 5 lakhs per month from a business of Gym. The complainant also alleged that there was a demand for dowry from her parents, while also alleging that there was physical abuse in the relationship. An effort was made by the family members to resolve the dispute that had arisen between the complainant and her husband, and the complainant was shifted to a separate house, however, there was no such reconciliation that took place. Ultimately, the dispute escalated to such an extent that the complainant started suffering from depression and eventually was thrown out of her matrimonial home. A FIR came to be registered on 29.4.2016. It is in these proceedings that the petitioner has filed for grant of anticipatory bail after his application was rejected by Additional Sessions Judge, Fatehgarh Sahib, which has led to the filing of the instant petition.

(3.) Mr. A.P.S. Deol, Senior Counsel, assisted by Mr. Himmat Singh, Advocate, appearing on behalf of the petitioner husband, submits that after the marriage was solemnized in the year 2002, it is the petitioner and his family members who encouraged the complainant to complete her education and provided all facilities for her to do so. She graduated in the year 2006 from Punjab University. She was given all opportunities by the petitioner to be financially independent and invested a huge sum of money by opening a gym in the name of Femina fitness in the city of Amritsar . It is argued that in this regard, a newspaper item dated 08.03.2011 was carried in Hindustan Times on Women's Day projecting the complainant as owner of a girls gym. Learned Senior Counsel also submits that the petitioner herein has taken his family abroad for holidays that is to Singapore, Hong Kong, USA. It is thereafter that the complainant started insisting for change in residence either to relocate to a foreign country or Chandigarh. However, since the petitioner was the eldest son of his parents and his younger brother was physically handicapped, he was not in a position to shift out. It is also submitted that the complainant left the matrimonial home in November 2011 and shifted to her parental home at Sirhind, leaving her minor child behind in the custody of the petitioner. The complainant returned to her matrimonial home and, thereafter, the petitioner in order to save his married life shifted to a new residence after constructing a new house. It is only on 20th of August 2015 that the complainant left her matrimonial home, after 13 years of marriage life, after celebrating the birthday of the minor child, along with all jewellery articles. The petitioner herein was constrained to file a petition under Section 13 of the Hindu Marriage Act for dissolution of marriage. It is thereafter that a complaint was instituted by the complainant before SSP Fatehgarh Sahib through her mother GPA/Special Power of Attorney holder, on 29.10.2015. This complaint was forwarded to Women Cell Fatehgarh Sahib which was investigated and no action were taken thereon. The complainant, who had gone abroad, returned from USA and filed an application under Section 156 (3) of the Code of Criminal Procedure on 09.12.2015 with similar allegations and an inquiry was conducted by SHO, Police Station Sirhind, who came to the conclusion that it was a simple marriage by exchange of garlands and there was no evidence with regard to demand or giving of any dowry articles nor any evidence in the form of bills could be produced by the girls side in support of the allegations. The Magistrate on going through the inquiry report and ignoring the conclusion, ordered registration of the aforesaid FIR. Learned Senior Counsel for the petitioner prays for grant of anticipatory bail contending that there was no complaint made either by the complainant or her parents about any illtreatment meted out to her before 2015 when a complaint was made to the Magistrate under section 156 (3) of the Code of Criminal Procedure.