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Antarpreet Kaur vs State Of Punjab And Ors on 28 May, 2018

CRM No.M-35349 of 2017(OM)
-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No.M- 35349 of 2017(OM)
Date of Decision: May 28 , 2018.

Antarpreet Kaur …… PETITIONER (s)

Versus

State of Punjab and others …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. G.S.Verma, Advocate
for the petitioner.

Ms. Ruchika Sabharwal, AAG, Punjab.

Ms. Rita Kohli, Senior Advocate/Mediator.
*****

LISA GILL, J.

This petition has been filed for protection of life and liberty of the

petitioner at the hands of respondents No.5 to 8 as well as for adding the offences

punishable under Sections 376/406/498A IPC in FIR No.155 dated 08.07.2017,

which was registered under Sections 494/420 IPC at Police Station Meharban,

District Ludhiana.

It is averred in the petition that the petitioner, who is major,

apprehends danger to her life and liberty at the hands of respondent No.5 i.e., her

husband. It is however noted that during the pendency of this petition, the

petitioner had appeared before this Court on 20.03.2018. She specifically stated

that she did not wish to go back to her matrimonial home as she was subjected to

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CRM No.M-35349 of 2017(OM)
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ill-treatment at the hands of respondent No.5, her husband. A Mediator was

appointed by this Court. Respondent No.5, who was present in Court on

20.03.2018, specifically stated that he had no objection in case the petitioner

accompanied her parents. The petitioner and respondent No.5 were referred for

mediation for an amicable resolution of the issue.

When the matter was taken up on 19.04.2018, the petitioner

expressed her desire for resuming cohabitation with her husband -respondent

No.5, who undertook to afford all care, affection and amenities the petitioner in

the matrimonial home. Parents of the petitioner, who were present in Court did

not express any objection to the same. The matter was adjourned for today. In

the meanwhile, the petitioner and respondent No.5 were directed to appear before

the Mediator on every Wednesday.

Today the petitioner and her husband – respondent No.5 are present

in Court. The petitioner submits that it will not be possible for them to live

together now. Both of them agree that petition under Section 13B of the Hindu

Marriage Act, 1955 shall be filed by them within ten days from today. The

amount of alimony etc., it is submitted, shall be agreed upon mutually. Steps shall

also be taken to withdraw any/all litigation which may have been initiated by the

petitioner and respondent No.5 or by any of their family members against each

other.

Respondent No.5 undertakes to hand over to the petitioner all her

articles/documents regarding educational qualifications etc. within the next ten

days itself. He submits that there is no question of any threat to the life and

liberty of the petitioner at his hands. None of his family members will also try to

intervene in the matter. Parents of the petitioner, present in Court also state that

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CRM No.M-35349 of 2017(OM)
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they never have and never will pressurize the petitioner in any manner and she is

free to take her own decisions. It is stated that they shall respect her decision and

stand by her.

Keeping in view the facts and circumstances as above, no further

orders are called for in this petition.

Petition is accordingly disposed of.

Needless to say, in case the petitioner approaches respondent No.2

raising any fresh allegations of threat to her life and liberty, the same shall be

looked into and steps as may be/if any required be taken by respondent No.2, in

accordance with law.

( LISA GILL )
May 28 , 2018. JUDGE
‘om’

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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