290 IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. No. M- 27508 of 2017 (OM)
Date of decision : March 19, 2018
Sukhwinder Kaur …..Petitioner
State of Punjab ….Respondent
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Sandeep Godara, Advocate
for the petitioner.
Mr. Sukhleen Singh, AAG, Punjab
Mr. Dhawaljeet Dutta, Advocate
for the complainant.
LISA GILL, J.
Prayer in this petition is for grant of anticipatory bail to the
petitioner in FIR No. 0019 dated 09.03.2017 under Section 406/498A IPC
registered at Police Station Sadar, Gurdaspur, District Gurdaspur.
It is submitted that the petitioner is the mother-in-law of the
complainant and she has been falsely implicated, in this case, only due to
her relationship. It is argued that the petitioner has never at any stage ill-
treated the complainant or harassed her for bringing insufficient dowry. It is
further contended that there is nothing on record to substantiate the
allegations of the alleged physical abuse meted out to the complainant. The
petitioner’s son, it is further submitted, is suffering from a psychiatric
problem for which he was being treated at Guru Nanak Dev Hospital
Government Medical College, Amritsar. A photocopy of the treatment
history of the petitioner’s son has been produced in Court today. The same
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is taken on record subject to just exceptions. The petitioner’s son has been
afforded the concession of bail pending trial.
An effort was made to amicably resolve the dispute between the
parties but all efforts before the Mediation and Conciliation Centre of this
Court failed. It is further submitted that the minor child of the complainant
i.e. the petitioner’s grand daughter is being looked after by the petitioner.
The grand child is now being sent to school. Moreover, the petitioner has
since joined investigation. The petitioner undertakes to face the
proceedings and not abuse the concession of anticipatory bail, if confirmed.
It is, thus, prayed that this petition be allowed.
Learned counsel for the complainant and the State have
opposed this petition while submitting that specific allegations have been
levelled against the petitioner as well. It is, however, not denied that the
minor child is being looked after by the petitioner. It is noticed that the
matter was placed before the Mediation and Conciliation Centre of this
Court. The petitioner alongwith her son and the complainant were directed
to be present, however, mediation between the parties was not successful.
An effort was made before this Court but it appears that an amicable
resolution of the dispute between the parties is not possible at this stage. A
sum of `10,000/- in terms of order dated 09.11.2017 has been handed over
to the complainant.
Learned counsel for the State, on instructions from ASI Mohan
Lal verifies that the petitioner is not involved in any other criminal case.
There are no allegations on behalf of the State that the petitioner is likely
to abscond or that she is likely to dissuade the witnesses from deposing
true facts in the Court, if released on bail.
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Keeping in view the facts and circumstances noted above but
without expressing any opinion on the merits of case, it is considered just
and expedient to allow this petition. Consequently, order dated 31.07.2017
is made absolute.
It is reiterated that none of the observations made herein above
are a reflection on the merits of the case and shall have no bearing on the
March 19, 2018 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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