Punjab And Haryana High Court · 2010

CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Jaideep Verma, Advocate for the petitioner. Mr. BBS Teji, AAG, Punjab. GURDEV SINGH, J. The petitioner, Vishal Singh Panesar, has filed this petition under Section 438 of the Criminal Procedure Code, for grant of anticipatory bail in FIR No. 163 dated 13.8.2009 registered at Police Station Phagwara City, District Kapurthala, under Sections 376, 389, 506, 498-A, 294, 354 and120-B IPC. He has contended therein that he has been falsely implicated under a well planned conspiracy. He solemnized love marriage with the complainant on 23.10.2008 at Chandigarh against the wishes of her parents, who belonged to Khatri Sikh community whereas he is Ramgarhia Tarkhan by caste. After the marriage, the parents and relatives of the complainant started harassing and threatening him and his family members that they would be involved in some false criminal case as they have influence over local police. He approached the police and the Punjab State Human Rights Commission for protection of his life and that of his family Crl. Misc. No. M-2943 of 2010 2 members. He had been living happily with the complainant at Phagwara, when her parents tried to disturb their matrimonial life, but could not succeed in their said motive. In the month of February, 2009, her mother took the complainant from his house on the plea of purchasing articles for the wedding of her brother and thereafter confined her in her house. He rescued her from that place and also gave an application to the local police. In the month of January, 2009, she became pregnant, which was confirmed by medical test. When this fact was brought to the notice of her parents, they started raising threats as they did not want that she should give birth to a child. Under a planned conspiracy, her father and brother came to his house on 7.7.2009 and took her with them on the plea that her mother was serious. When he went to the house of her parents, it was found locked. On

16.7.2009, he received an information that her parents have kept and forcibly detained her in their house. He went to that place but was manhandled by the anti-social elements. He made a complaint to that effect to the SSP, Kapurthala. He filed a habeas corpus petition before this Court for release of the complainant from the clutches of her parents. After they received the summon in that writ petition, they started searching for him in order to cause injuries to him. The complainant appeared before this Court and made a statement that she was residing with her parents with her own sweet will. Her parents illegally terminated her pregnancy and to save their own skin got lodged the said FIR. It is incorporated in the FIR that one Shankar used to commit rape on the complainant against her consent without taking any precaution so as to make out a case that the pregnancy was on account of that rape.

That shows deep rooted conspiracy by the complainant and her parents to get her pregnancy terminated illegally. Crl. Misc. No. M-2943 of 2010 3 Notice of the petition was given to the State. I have heard learned counsel for both the sides. This FIR was registered on the basis of written application given by Sandeep Kaur-complainant, whose marriage was solemnized with the petitioner about eight months back. She narrated therein that the petitioner is running a mobile shop, situated on the ground floor and Shankar is working in the shop, who is very close to the petitioner and used to come to their house. For one month she was kept by the petitioner in the house of that Shankar and with his consent and under the influence of intoxication, he (Shankar) used to commit cheap sex with her and compact discs were prepared with regard to those acts by the petitioner. Those acts were being committed by the petitioner and Shankar under threats that they would expose compact discs on the internet and would kill her parents.

Both of them committed unnatural sex with the complainant, which caused her a lot of harassment. Even father of the petitioner had been keeping an evil eye on her. The petitioner, his parents and Shankar had been giving threats that in case the complainant wanted to live in the house then she had to perform the above said acts. It has been submitted by the learned counsel for the petitioner that the FIR has been got lodged against the petitioner by the complainant at the instance of her parents, as they got her aborted illegally and that he had been making all efforts for getting her released from their clutches. He had been approaching the police and the Punjab Human Rights Commission against her parents and there is not even an iota of truth in the contentions made in the FIR. In support of his submissions, he referred to the documents, which have been annexed with this petition. Crl. Misc. No.

M-2943 of 2010 4 It was a love marriage of the parties. They had made a joint complaint before the Punjab Human Rights Commission, in which order dated 31.10.2008 (Annexure P/2) was passed. They had made joint complaint for the protection of their lives at the hands of Surinder Singh Bedi, father of the complainant. On 2.2.2009, the complainant herself gave a written application (Annexure P/3) to the SHO, Police Station Phagwara, levelling allegations against her parents. It was also stated by her in that application that she did not want to continue any relations with her parents. On 7.7.2009, the petitioner moved an application (Annexure P/6) before the SHO of the same Police Station, stating therein that the complainant had been taken from the matrimonial home by her father and brother and she be got recovered. On 10.7.2009, he moved another application (Annexure P/7) before the SSP, Kapurthala, for the registration of a case against the parents of the complainant regarding her abduction with an ulterior motive. On