The High Court
Case Details
CRM-M No.7989 of 2025 (O&M) -1- 378 THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.7989 of 2025 (O&M) Date of Decision: 22.05.2025 Paramjeet Kaur State of Punjab Versus ..... Petitioner ..... Respondent
Legal Reasoning
CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: None for the petitioner. *** Mr. Tarun Aggarwal, Addl. A.G., Punjab. Ms. Nisha Rana, Advocate for the complainant. *** RAJESH BHARDWAJ, J. 1. Present petition has been filed praying for the issuance of directions to the SHO, PS Goraya, Jalandhar Rural/Investigating Officer/ Arresting Officer/ Illaqa Magistrate to release the accused/petitioner on bail in the event of her arrest in case bearing FIR No.0006, dated 14.01.2025, under Section 420 of IPC, 1860, registered at Police Station Goraya, Jalandhar Rural (Annexure P-1). Further prayer has been made for directing the trial Court to release the petitioner on bail upon her surrender in the trial. RITTU 2025.05.23 18:12 I attest to the accuracy and integrity of this document CRM-M No.7989 of 2025 (O&M) -2- 2. Succinctly the facts of the case are that FIR in the present case was got registered on the statement of complainant, namely, Ram Lal. It was alleged that the complainant wanted to send his son, namely, Muhammad Ali abroad for his bright future. Hence he asked his friends and relatives for a needy girl, who had settled abroad and had cleared the necessary tests. He was ready to bear her expenses on the condition that she would take his son abroad. He was ready for a contract marriage of his son with the said girl. In view of the desire of complainant expressed to his friends and relatives, his friends Sukhwinder Singh and Sachin Bedi informed him about a girl, namely, Sanjana, who was willing to go to Canada but due to the lack of money, she was unable to go abroad. The complainant met the family of girl, Sanjana and thereafter they entered into the agreement dated 27.10.2022 that he would bear all her expenses for her studies, going abroad, etc. and thereafter she would take his son abroad. As per the agreement, the complainant spend Rs.30.00,000/- on the studies, etc. of Sanjana in Canada but after she completed her studies, she refused to take his son to Canada. The complainant met her family but all of them started threatening the petitioner and refused to return the money. It was alleged that son of the complainant was harassed by Sanjana in Canada and hence he had to return from Canada. The complainant alleged that a fraud has been committed with him by breaching the promise and thus, he has been duped of Rs.30,00,000/-. He prayed for taking the legal action against the RITTU 2025.05.23 18:12 I attest to the accuracy and integrity of this document CRM-M No.7989 of 2025 (O&M) -3- accused. On the basis of complaint, the FIR was registered and the investigation commenced. The petitioner, who is mother of Sanjana, apprehending her arrest, approached the Court of learned Additional Sessions Judge, Jalandhar praying for the grant of anticipatory bail. However after hearing both the sides, finding no merit in the same, the learned Additional Sessions Judge, Jalandhar dismissed the petition filed by the petitioner vide his order dated 03.02.2025. Hence being aggrieved, the petitioner is before this Court by way of filing the present petition praying for the grant of anticipatory bail. 3. A perusal of the file shows that on the joint request of the parties, the matter was referred to the Mediation & Conciliation Centre, Jalandhar on 13.02.2025 and the interim protection for taking no coercive action was granted in favour of the petitioner. Thereafter on the request of the petitioner, the time was further extended on 05.03.2025. 5. On the request of learned counsel for the petitioner that the petitioner was ready to resolve the dispute for an amount of Rs.15,00,000/-, the matter was again referred to the Mediation & Conciliation Centre on 30.04.2025 and the interim protection granted to the petitioner was further extended. 6. Learned counsel for the complainant had opposed the abovesaid submissions made by learned counsel for the petitioner on merits. However he agreed for referring the matter to the mediation on RITTU 2025.05.23 18:12 I attest to the accuracy and integrity of this document CRM-M No.7989 of 2025 (O&M) -4- the above undertaking given by learned counsel for the petitioner. Thus the matter was adjourned for awaiting the report of the mediator. 7. The case came up for hearing yesterday, however nobody had put in appearance on behalf of the petitioner and thus the case was adjourned to today. Same is the position as on today. 8. Learned counsel for the complainant has submitted that the petitioner had made the statement with regard to the settlement of dispute amicably only in order to seek interim protection from this Court. However the absence of the petitioner and his counsel proves their ill intention. 9. 10. Heard. After hearing learned counsel for the complainant and perusing the record, it is clear that the present FIR was lodged by the complainant, Ram Lal, alleging therein that he was duped of an amount of Rs.30,00,000/- by the accused for sending his son to Canada. The petitioner was granted interim protection by this Court only on the submission that she is ready to settle the dispute amicably. Twice on the assurance given by learned counsel for the petitioner that she is ready to settle the dispute, the matter was referred to the Mediation & Conciliation Centre, Jalandhar but there was no positive result. 11. On the last date of hearing as well as today also, none has appeared on behalf of the petitioner. This shows that the petitioner was only interested in prolonging the interim protection granted to her by this RITTU 2025.05.23 18:12 I attest to the accuracy and integrity of this document CRM-M No.7989 of 2025 (O&M) -5- Court and was actually not interested in settling the matter with the complainant. 12. Keeping in view the above said facts in the totality, this Court finds no merit in the present petition and thus, the same is hereby dismissed. Nothing said herein shall be treated as an expression of opinion on the merits of the case. 22.05.2025 rittu (RAJESH BHARDWAJ) JUDGE Whether speaking/reasoned : : Whether reportable Yes/No Yes/No RITTU 2025.05.23 18:12 I attest to the accuracy and integrity of this document