MANPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition filed under Section 438 Cr.PC is for grant of anticipatory bail to the petitioner in FIR No.1 dated 08.01.2019 under Sections 406 and 498-A IPC registered at Police Station Women, District Ludhiana.

(2.) The aforesaid FIR was registered at the behest of complainant Navpreet Kaur, who is wife of the petitioner. As per the FIR, the complainant has studied upto BBA, MBA and her marriage was solemnised with the petitioner on 03.09.2016. On pre-marriage and post-marriage ceremonies, the parents of complainant had spent a huge amount beyond their capacity as per demands of the accused. At the time of finalisation of the matrimonial alliances, the accused had told the parents of the complainant that the petitioner is an intelligent and educated boy having passed the Diploma of Medical Engineering from R.A.D. Centre, Ludhiana and is Director of J.P. Cycles Pvt. Ltd. He does not take any intoxicant and is physically fit. The Roka ceremony was solemnised at Raddison Hotel, Ludhiana on 25.12.2015, where parents of the complainant had given one gold chain of 5 Tolas to the petitioner and Rs.11,000/- as Shagun. Similarly, everybody who attended the function was given Rs.1100/- as Shagun. A total sum of Rs.2,50,000/- was spent on Roka ceremony which was followed by ring ceremony on 07.02.2016 at Maharaja Palace, Ludhiana, where 150 persons attended the function. The parents of complainant had given one diamond ring, gold Kara, gold ginni and Rs.51,000/- in cash as Shagun. The other items as AC and LED were given to the petitioner, whereas costly clothes were given to accused Surinder Kaur (mother-in-law) and Harpreet Kaur (sister-in-law/ Jethani). Shagun was given to everybody, who attended the function and an amount of Rs.15 lakh was incurred on this function alone. Thereafter, the petitioner had demanded camera Sony make on the occasion of his birthday on 03.08.2016 and this demand was fulfilled. At the time of marriage, about 600 persons participated in the Barat which was warmly welcomed. As per the demand of the accused, one refrigerator, washing machine, double bed, almirah and iron Peti were given to the accused as Streedhan. One gold set each to accused Surinder Kaur (mother-in-law) and Harpreet Kaur (sister-in-law/ Jethani) and one gold set to the grandmother-in-law, 11 Milnis with gold ear-rings and gold rings, one gold Kara, one gold bracelet, one gold chain and Rs.2 lakh as Shagun were given. Besides this, a Hyundai Creta car was given to the petitioner and costly clothes as well as gifts were also given. The parents of the complainant had given 5 gold sets, gold rings, 21 suits, 11 beddings, 101 utensils and other gifts to the petitioner in the shape of Streedhan of the complainant. However, after the marriage, all the accused in one voice started taunting the complainant that her parents had not solemnised the marriage as per the status of the accused, nor they had given the dowry articles as per the status and liking of the accused. When accused Balwinder Singh (father-in-law) and Surinder Kaur (mother-in-law) came to know that the aforesaid Creta car is registered in the name of the complainant, they started raising demand from the parents of the complainant for transfer of registration of the car in the name of accused Balwinder Singh (father-in-law). They had also given a threat that in case the demand is not fulfilled, they will give beatings to the complainant and will turn her out from the matrimonial house. Under the compelling circumstances, the parents of complainant had spent a sum of Rs.1 lakh on accessories of the Creta car.

(3.) After few days, the complainant had come to know that the accused had told a lie about his educational qualification and when she asked the petitioner to show the certificates of his educational qualification, he made false excuse that his niece had torn those certificates. After some time, the complainant also came to know that there is an iron rod in the left leg of the petitioner as his left leg got fractured in the year 2007. The petitioner is also having stone and is suffering from cervical and other ailments, but this fact was kept concealed from the complainant. The petitioner is also suffering from sleeping problem and accused Surinder Kaur (mother-in-law) used to make him to sleep. The petitioner is also not having control over his hands and accused Surinder Kaur (mother-in-law) used to make him to eat meals. All the accused in connivance with each other and under pre-planned scheme concealed these facts from the complainant and her parents. One day, the complainant after getting permission from the petitioner went to beauty parlour along with accused Surinder Kaur (mother-in-law), but petitioner at the instance of other co-accused gave merciless beatings to the complainant as she got late by 5 minutes. Thereafter, again when the complainant had gone to see the newly born child of accused Harpreet Kaur, the petitioner caught hold her from her neck and also gave kick blows in her stomach.