IN THE HON’BLE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.
CRM-M-___________ OF 2013
(Distt. Faridkot)

Ashwani Kumar Versus State of Punjab

INDEX

Sr. Particulars Date Page Court

No. No. Fee
1. Application for exemption 05.1.2013 1 -
2. Petition u/s 439 Cr.P.C. 05.1.2013 2-8 -
3. Annexure P-1 (FIR) 13.5.2010 9-10 -
4. Annexure P-2 (Charge Sheet) 1.3.2011 11-12 -
5. Annexure P-3 (Panchayati 1.5.2008 13 -
Compromise)
6. Annexure P-4 (Application by 6.9.2008 14 -
Deepika)
7. Annexure P-5 (Statement of 15.9.2008 15 -
deceased Deepika)
8. Annexure P-6 (Application to 12.12.2008 16-17 -
Ld. SSP)
9. Annexure P-7 (Application by 10.3.2009 18-20 -
petitioner against
complainant)
10. Annexure P-8 (Affidavit of 18.9.2009 21 -
deceased)
11. Annexure P-9 (Statement of 5.10.2009 22 -
deceased in the Court)
12. Annexure P-10 (Colly) (Diary - 23-24 -
Entry)
13. Annexure P-11 (Application to 14.11.2010 25 -
Ld. IGP by father of petitioner)
14. Annexure P-12 (Enquiry 19.12.2010 26-28 -
Report)
15. Annexure P-13 6.1.2011 29-31 -
(Supplementary Challan)
16. Annexure P-14 (Order, Ld. 9.11.2012 32-34 -
ASJ, Faridkot)
9. Power of Attorney 16.11.2012 35 -

Court Fee Affixed : NIL

Notes: 1) Similar case, if any: CRM-M 10737 of 2011 which
was withdrawn at that stage on 25.1.2012.
2) Advance copy has already been supplied to State of
Punjab through AG Office.
3) Affidavit cannot be filed as the petitioner is behind
bars.

Chandigarh.
Dated: 05.1.2013
(Ashok Singla) (Ravish Bansal) (Aakash Singla)
P-495/88 P-1458/09 P-989/12
Advocates
Counsels for the Petitioner.
IN THE HON’BLE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM No. ______________of 2013

IN CRM-M-___________ OF 2013

Ashwani Kumar Versus State of Punjab

Application u/s 482 Cr.P.C for exemption

from filing the true typed copy of

Annexure P-14 and for taking on record

its true photocopy and for exemption from

filing the certified copies of Annexures P-1

to P-13.

…………
Respectfully Showeth:
1) That filing of the Annexures P-1 to P-14 with the present

petition is very much necessary, however, the true typed copy of

Annexure P-14 is not readily available with the petitioner and

rather their perusal as it is will help in proper adjudication of the

matter and the certified copies of Annexures P-1 to P-13 are also

not readily available with the petitioner and the matter is of urgent

nature and as such, filing of the true typed and certified copies of

the annexures as mentioned in the head note of the application

may kindly be exempted and their true photocopies may kindly be

taken on record, in the interests of justice.

It is therefore respectfully prayed that the application may

kindly be accepted as prayed for in its head note.

Note: Affidavit cannot be filed as the petitioner is behind bars.

Chandigarh.
Dated: 05.1.2013
(Ashok Singla) (Ravish Bansal) (Aakash Singla)
P-495/88 P-1458/09 P-989/12
Advocates
Counsels for the Petitioner.
IN THE HON’BLE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-__________ OF 2013

(Distt. Faridkot)

Ashwani Kumar @ Monu s/o Sham Lal r/o Prem Nagar,

Kotkapura, Distt. Faridkot. (Presently lodged at District Jail

Faridkot).

…Petitioner

Versus

State of Punjab

…Respondent

Contd. Next Page…

 Petition under Section 439 Cr.P.C. for

grant of regular bail to the petitioner in

the case FIR No. 107 dated 13.5.2010 u/s

304-B IPC, Annexure P-1 registered at PS

City, Kotkapura, Distt. Faridkot wherein

charge u/s 304-B and in the alternative,

u/s 302 r/w 498A IPC vide order dated

1.3.2011 Annexure P-2.

Respectfully Showeth:

1. That the petitioner is BEHIND BARS SINCE 4.8.2010 in the

aforementioned false case. Charges have also been framed.

Material witnesses have already been examined. No recovery or

even discovery is to be made from the petitioner. As such, his

detention behind bars shall serve no useful purpose as the trial is

bound to take long time to conclude.

2. That the petitioner has been wrongly and illegally

involved/implicated in the FIR No. 107 dated 13.5.2010 u/s 304-B

IPC, Annexure P-1 registered at PS City, Kotkapura, Distt.

Faridkot wherein charge has wrongly been framed u/s 304-B and

in the alternative, u/s 302 r/w 498A IPC vide order dated 1.3.2011

Annexure P-2, whereas, he has not committed any offence as

alleged and is completely innocent.

3. That the petitioner was married to deceased Deepika

daughter of complainant Ramesh Kumar on 18.1.2008. From the

very beginning, the complainant created problems in the

matrimonial life as he wanted the couple to shift to Bathinda and

live with him. Ultimately a Panchayati Compromise Annexure P-3

dated 1.5.2008 was effected which was signed by complainant as

well.
4. That further also, the deceased was harassed by her parents

to such an extent that she was forced to give application dated

06.09.2008 Annexure P-4 to SP City Bathinda whereby she had

clearly stated that her father is harassing her a lot and

pressurizing her to take divorce and even she had stated that there

is no dispute with her in laws and she wanted to reside with them.

Later on the compromise was arrived at and the complainant

returned her articles and she made the statement before the police

dated 15.09.2008 Annexure P-5 in which she stated that she did

not want to pursue the said complaint any further.

5. That further also the petitioner and the deceased were

harassed by the complainant and on one event when Deepika went

to Bathinda to meet her parents, she was not allowed to come back

with the petitioner on the premise that they should reside at

Bathinda. When the petitioner refused to reside at Bathinda, he

was threatened by the complainant and the said matter was

reported to the SSP through application dated 12.12.2008

Annexure P-6. The enquiry of the said application was marked to

Women Cell Faridkot and later on it was transferred to Bathinda

where the petitioner was again threatened. The said matter was

again reported to the SSP by the petitioner vide application dated

10.3.2009 Annexure P-7.

6. That further also the complainant forcefully made the

deceased to stay with him at Bathinda in order to pressurize the

petitioner to accede to the demand of the complainant, and

resultantly a Panchayat was convened and the deceased returned

to her matrimonial home and got sworn an affidavit dated

18.9.2009 Annexure P-8 in which it is specifically stated that

her in laws never harassed her nor demanded any dowry.

 Later, due to some misunderstanding an application u/s 125

Cr.P.C. was moved under the influence of the complainant by the

deceased wife of the petitioner but the said application was

withdrawn by the deceased wife with the statement Annexure P-9

that she is happily residing in her in-laws house.

7. That as a matter of fact, no such occurrence as alleged has

taken place. It is not at all a case of dowry death rather it is a clear

cut case of suicide and that too the deceased was harassed by

her own parents and not at all by the petitioners’ family. The

deceased was in a depressed state of mind due to her inability to

bear child. Even one of the diary entry Annexure P-10 (Colly)

maintained by the deceased Deepika shows that it is a case of

suicide and not a dowry death or murder.

8. That the father of the petitioner Sham Lal moved an

application dated 14.11.2010 Annexure P-11 to the IG, Bathinda

for getting the case enquired from some gazette officer. When

nothing was done in pursuance to the application annexure P-11,

father of the petitioner moved an application under RTI Act in the

office of SSP Faridkot and resultantly the copy of enquiry report

dated 19.12.2010 Annexure P-12 was supplied, it was found out

by the enquiry officer that the petitioner is not at fault and the

entire case is false one. In the said report, the complainant had

submitted a duly sworn affidavit and attested by Executive

Magistrate vide No. 437 dated 8.11.2010. In the said affidavit,

complainant has specifically stated that the present case was false

and was lodged due to some misunderstanding.

9. That it is also important to mention that pursuant to enquiry

report, a supplementary challan u/s 173(8) Cr.P.C. Annexure P-

13 was presented in the Court of Ld. CJM Ferozepur on 6.1.2011

whereby it was found by the investigating agency that the entire

case was false and it was recommended that the petitioner

alongwith his parents be discharged from the case.

10. That the main ingredient of the offence u/s 304-B of demand

of dowry is not at all there. Apart from the bald version of the

complainant in the FIR, there is not even an iota of evidence

substantiating the said demand.

11. That from the aforementioned facts and circumstances, it

becomes amply clear that the deceased Deepika had committed

suicide due to harassment given to her by her father Ramesh

Kumar. From the various documents so attached with this

petition, it can clearly be seen that the complainant Ramesh

Kumar was constantly disturbing the married life of Deepika due

to which she had time and again complained to the police. Further

the affidavit, which was sworn in by the complainant Ramesh

Kumar itself clearly stated that there was no fault of the petitioner

and his family and the case was lodged due to mis-understanding.

Even from the diary writings of deceased Deepika, it can clearly be

seen that the petitioner never ill-treated her and it was Deepika

herself who was not adjusting. The Investigating Agency after

taking into consideration the entire facts and circumstances came

to a conclusion that the case was not true and, therefore the report

under section 173(8) Cr.P.C. was submitted in the Court of

Learned Chief Judicial Magistrate, Ferozepur for discharge of all

the accused including the petitioner.

That the case put up by the complainant is of complete

denial and also the fact that the deceased Deepika was suffering

from infertility has been further clarified in the statement by PW-4

Dr. Gagandeep Kaur.

12. That the petitioner has roots in society and has clean

antecedents. There is no danger of the petitioner fleeing from

justice. There is also no danger of the petitioner tampering with the

prosecution evidence.

13. That the trial has been stayed be this Hon’ble High Court in

CRR-2067 of 2011 titled as Shyam Lal and anr. Vs. State of Punjab

and the same is pending for 21.2.2012 and the material

witnesses have already been examined. There is no chance of

influencing the witnesses.

14. That no custodial investigation is to be done from the

petitioner and hence, there is no purpose to keep the petitioner

behind bars. The conclusion of the trial will take a long time and

no useful purpose shall be served.

15. That bail is a rule and the jail is an exception.

16. That the petitioner shall abide by all the conditions as may

be imposed upon him in case he is granted bail.

17. That the Ld. Sessions Judge, Faridkot has wrongly

dismissed the third regular bail application of the petitioner vide

order dated 9.11.2012 Annexure P-14.

18. That the petitioner has not filed any such or similar

application either in this Hon’ble Court except CRM-M 10737 of

2011 which was dismissed as withdrawn at that stage vide order

dated 25.1.2012 or in the Hon’ble Supreme Court of India. No such

bail application is either pending before the Ld. Sessions Judge or

any court in India.

 It is, therefore, respectfully prayed that the petition may

kindly be accepted and the petitioner may kindly be released on

regular bail in the case mentioned in the head note of the petition.

Note: 1) No affidavit is required as the petitioner is lodged in

District Jail, Faridkot.

Chandigarh.
Dated: 05.1.2013
(Ashok Singla) (Ravish Bansal) (Aakash Singla)
P-495/88 P-1458/09 P-989/12
Advocates
Counsels for the Petitioner.
 Annexure P-1

FIR Contents (attach separate sheet, if required)

Statement of Sh. Ramesh Kumar son of Sh. Nathu Ram, Caste Mahajan,

House no. 17162, Street No. 4, Aggarwal Colony, Bathinda, aged about 48

years, Mob. No. 98151-26063. Stated that I am resident of above said

address. I have two children- one son and one daughter. About 2½ years

ago, my daughter Deepika was married to Ashwani Kumar @ Sonu son of

Sham Lal Mahajan resident of Prem Nagar, Kotkapura. That after the

marriage, both the families had been giving applications . Since

marriage, the girl had not got any child . Sometimes my girl was

given beatings in my presence and was also harassed. Today I came to

know that my daughter has died. This information has been given by the

Kotkapura Police. We have got clear apprehension that my daughter has

been killed. I came to meet the girl 10 days ago and then he had told me

by crying that her husband Ashwani Kumar, her mother in law and father

in law used to give her beatings and demanded dowry. After post mortem,

the legal action be taken against them. I have got my statement recorded,

heard and the same is correct. Sd/- Ramesh Kumar. Verified by Sd/-

Shamsher Singh SI, Police Station City, Kotkapura. 13.05.2010. Police

Proceedings: On receipt of the ruqa from the doctor Civil Hospital

Kotkapura regarding death of Deepika Bansal wife of Ashwini Kumar

resident of Prem Nagar Kotkapura, in the Police Station, I SI for necessary

action alongwith HC Bhupinder Singh 670, HC Karamjit Singh 502, PHG

Ramesh Kumar 10592, have reached Civil Hospital Kotkapura where heirs

of the girl were waited till now. Today Ramesh Kumar s/o Nathu Ram

above said came alongwith family members who got recorded his

aforesaid statement with me which was written word by word and was

read over and made understood to him who heard his statement and

assented to be correct and signed below his statement in English which is

attested by me. From the statement offence u/s 304-B IPC is found to be
committed. Hence, this statement is sent to Police Station through HC

Bhupinder Singh 670 for registration of case against Ashwini Kumar etc.

Number of the case be informed after registration of the case. Special

Reports be issued to the Ld. Magistrates and officers. I/C CR FDK be

informed through W/M. I alongwith other companion employees and

complainant, am busy in investigation on spot. Sd/- Shamsher Singh SI PS

City Kotkapura 13.5.2010. Today at Civil Hospital Kotkapura at 8:00 AM.

Today at police Station: - on receipt of the aforesaid statement in the

police station, aforesaid case was registered against aforesaid accused

under aforesaid sections. Copies of the FIR alongwith original statement

are being sent to said SI through the HC who came for investigation.

Copies of the FIR as special reports are being sent to Ilaqa Magistrate and

officers through HC Duli Chand 787. Police Control Room is being

informed through wireless message. Closing DDR No. 11 at 9:15 AM.

Certified to be True Translation and Complete Copy of FIR

Advocate
 Annexure P-2

In the court of Mrs. Ramesh Kumari, Addl. Sessions Judge, Faridkot.

CHARGE SHEET

State Vs. Ashwani Kumar son of Sham Lal s/o

Piara Singh age 30 years, electronic

goods Shop r/o Bawa Model High School

(near) Prem Nagar, Kotkapura.

FIR No. 107 of 13.5.2110

P.S. City Kotkapura

I, Ramesh Kumari, Addl. Sessions Judge, Faridkot do hereby charge

you accused as follows:-

That on 12.5.2010 before 6:00 PM in the area of City Kotkapura

you Ashwani Kumar being husband of Deepika, caused the death of said

Deepika otherwise that under normal circumstances within seven years of

her marriage with you and it was shown that soon before her death she

was subjected to cruelty or harassment by you in connection with demand

of dowry you thereby committed an offence punishable under Section

304-B of the IPC and within the cognizance of this Court.

Secondly, on the same date, time and place, in the alternative you

Ashwani Kumar committed murder intentionally causing the death of

Deepika and you thereby committed an offence punishable u/s 302 IPC

and within the cognizance of this Court.

Thirdly, on the same date, time and place, you Ashwani Kumar

being the husband of deceased Deepika subjected said Deepika to cruelty

be demanding more dowry and giving of beatings and thus drove Deepika

to commit suicide and thereby you accused Ashwani committed an

offence punishable u/s 498-A IPC and within the cognizance of this court.

And I hereby direct that you all be tried by this court for the above

said charge.

Sd/-
 Addl. Sessions Judge,

Faridkot 1.3.2011

Certified that the contents of the charge have been read over and

explained to accused vernacularly.

Sd/-

Addl. Sessions Judge,

Faridkot 1.3.2011

True Typed Copy

Advocate
 Annexure P-3

PANCHAYATI COMPROMISE

Deepika Bansal daughter of Sh. Ramesh Kumar son of Sh. Nathu

Ram resident of Bathinda was married to Ashwani Kumar son of Sh. Sham

Lal resident of Prem Nagar, Kot-Kapura. Due to certain household wrong

decisions, some differences were there between both the families and the

same has been resolved by the Panchayat today on 01.05.2008. Now the

girl and the boy themselves have decided that they will reside on the

upper floor of their house. The parents of the boy will not be having any

interference in their (boy and girl's) family. As per the Hindu customs, the

girl and the boy themselves will be bound to discharge their family duties.

Apart from this, the parents of the girl will also not unnecessarily interfere

in the house hold and married life of the girl. The boy and the girl will be

responsible for any kind of wrong step. This compromise has been read

before the Panchayat. Both the parties agree to this compromise.

Sd/- Rajinder Kumar Sd/- Ashwani Kumar

Sd/- Raj Kumar Sd/- (in Hindi) Sham Lal 93563-44777

Sd/- (in Pbi.) Chiman Lal Sd/- Bansal 98553-65170
Pardeep Goyal 98140-76752

Sd/- (in Pbi.) Jaskaran Sd/- 98147-3864

Sotha 99140-33661

Sd/- Ram 93175-06883 Sd/- Mukesh Kumar

98881-06312
Sd/- Deepika Bansal Sd/- Ramesh Kumar
9815126063
Sd/-_________ 98556-32451

True Translation Copy

Advocate
 Annexure P-4
To
The SP City
Bathinda.

Subject: For restraining my parents from harassing me and

my husband and from leveling false allegations.
Sir,
It is submitted that I, Deepika Bansal daughter of Ramesh Kumar

Aeran, am resident of Arya Samaj Chowk, Bathinda and now wife of

Ashwani Kumar Bansal, resident of Kotkapura. My parents forcefully

want to keep me with them and are pressurizing me for taking

divorce from my husband whereas I want to live with my

husband in my in-laws house. I HAVE NO DISPUTE EITHER WITH

MY HUSBAND OR MY IN-LAWS. My parents are not allowing me to live

in my in-laws house. They threaten to level different kind of allegations

and are saying that if I go to my in-laws house then they will level

allegation against me and my husband regarding the theft of gold

ornaments and cash. So on 04.09.2008, under pressure, I along with my

husband went to my in-laws house against the wishes of my parents. But

now my parents are threatening me and my husband on phone that they

will rope us (me and my husband) in a case of theft of gold ornaments

and cash whereas I have not brought any cash or ornaments from my

house. My parents give different types of threats to me and my

husband so as to harass us. By taking action against them, they may

be stopped from harassing us so that I can reside with my husband

happily.

Submitted by:
Deepika Bansal w/o Ashwani
Kumar s/o Sh. Sham Lal Bansal
r/o Prem Nagar, Street No. 2
Kotkapura. Mob. 98881-09543
SHO PS Kotwali BTH
For enquiry and take action as per law and report.
Sd/- and Seal
Superintendent of Police (City)
Bathinda. 06.09.2008.
True Translation Copy

Advocate
 Annexure P-5

Statement of Deepika Bansal wife of Ashwani Bansal resident of

Kotkapura aged 23 years.

Stated that I am resident of above said address. I had given one

application against my mother-father to the ld. SP City. With regard to the

application, respectable persons have got the matter compromised and I

am satisfied. My parents had returned my articles and I have received

them. Now I do not want to proceed with the said application. I have got

my statement recorded, heard and the same is correct.

Sd/- Deepika Bansal

Verified by:
Harinder Singh ASI
P.P. Bus Stand
Bathinda
Dated: 15.09.2008.

True Translation Copy

Advocate
 Annexure P-6

To

The Ld. SSP

Faridkot.

Subject: Application against:

1. Ramesh Kumar Aeran son of Nathu Ram;

2. Manju Devi wife of Ramesh Kumar Residents of Arya Samaj Chowk,

Bathinda, District Bathinda Outside Bus Stand, Radha Sweet House,

Bathinda. 95-8151-2603, 98725-04208

Sir,

It is submitted that the applicant was married on 18.01.2008 with

Deepika daughter of above said Ramesh Kumar.

That since marriage, above said Ramesh Kumar and Manju Devi,

who are father in law and mother in law of the applicant, are not allowing

to settle the wife of the applicant and are spoiling our married life. They

call my wife on one pretext or the other and then do not allow her to

come back. They had kept the gold ornaments and other articles of my

wife with them but they had returned the same in the compromise

affected in the complaint filed by my wife against them before SP City

Bathinda.

That on 05.12.2008, my wife went to meet them nut when I went

to take her back, then they flatly refused that they will not let her go.

That my father in law Ramesh Kumar abovesaid kept a condition

that first start residing at Bathinda, only then they will let my wife go with

me.

That my above said father in law and mother in law have forcefully

kept my wife with them whereas my wife is ready to rehabitate but they

openly thereat me that they will get the false case registered through my
wife against me.

So it is requested that appropriate legal action be taken against my

above said father in law and mother in law and my wife be rehabitated

with me. I shall be thankful to you. Dated: 12.12.2008.

Applicant:

Sd/-

Ashwani Kumar son of Sham Lal

Resident of Near Bawa Model High School,

Prem Nagar, Kot-Kapura. District- Faridkot.

98881-86211

Ashwani Kumar 98154-19010

Incharge Women Cell:

Action be taken after verification.

Sd/- SSP Faridkot.

True Translation

Advocate
 Annexure P-7

To

The Senior Supdt. of Police,

Bathinda.

Sub: Complaint regarding harassment of applicant by Sh. Romesh Kumar

S/o Sh. Nathu Ram R/o Arya Samaj Chowk, Radha Sweet

House, Bathinda (Father in Law of the applicant at the hands of

Bathinda Police and complaint regarding spoiling the matrimonial

life of applicant.

Sir

The applicant requests as under:-

1. That I married to Deepika daughter of above Romesh Kumar on

18/01/08.

2. That I and my wife Deepika has great love and affection for each

other but very strangely my father in law Romesh Kumar is playing a very

negative role in our life. Immediately after marriage my father in law took

away my wife against my wishes and even against the wishes of my wife.

When I went to take back my wife, my father in law refused to send my

wife. With the help of relatives and respectable I brought my wife to my

home. But my father in law kept on taking away my wife repeatedly and

kept on harassing the applicant.

3. That about in August 2008 my father in law again took away my

wife against my wishes and refused to send her with me an started

Threatening the Xxxx (illegible).

4. That on 04/09/08 I succeeded in bring my wife to the matrimonial

home but my father in law started threatening me and my wife to involve

us both in some case of theft of jewellery, although the jewellery

belonging to my wife was retained by my father in law.

5. That on seeing continuous harassment my wife moved a complaint

to S.P. City Bathinda on 06/09/08 and the matter was entrusted to

incharge Harinder Singh ASI of Police, Police Bus Stand Bathinda. My

father in law was made to return the jewellery of my wife and the police

got effected a compromise on 15/09/08 and my wife withdrew her

complaint.

6. That on 05/12/08 my wife went to Bathinda to see her family for

few days but when applicant again went to bring her back but my father

in law refused to send her with me unless and until the applicant do not

agree to live at Bathinda. Since then I have repeatedly gone to Bathinda

to take back my wife but I have been never allowed to see her.

7. That I moved a complaint to SSP Faridkot on 12/12/08 and matter

was entrusted to Women Cell, SSP Office Faridkot, but very strangely my

father in law got transferred the said inquiry from Women Cell Faridkot to

Bathinda Women Cell.

8. That I have visited for a number of times to Women Cell Bathinda

but every time I have been threatened by my father in law in a false case.

9. That my wife is in confinement of my father in law and she is

being mis-guided against me and I am not being allowed to see her.

Infact my wife has got a great love and affection for me and she wants to

live with me but my father in law is not allowing her to live with me. I am

attaching herewith copies of the letters written by my wife out of her love

and affection for the applicant.

10. That for the last few days I am being threatened on phone for my

involvement in case of dowry etc.

11. That I want to live with my wife at any cost and there is no dispute

among us but my father in law is ruining our married life as I have

refused to live at Bathinda after leaving my parents.

12. That I apprehend my involvement in some false case at the hands

of Bathinda Police, who is playing in the hands of my father in law.

So, I request for immediate intervention into the matter, so that my wife

may be freed from wrongful confinement of my father in law and we may

be able to live together.

Hoping for immediate action. Submitted by:-

Date 10/03/09

Sd/-

Ashwani Kumar S/o Sh. Sham Lal Bansal, Prem

Nagar, Near Bawa Model High School, Prem

Nagar, Kot-Kapura. District Faridkot.

True Copy

Advocate
 Annexure P-8

AFFIDAVIT

I Deepika Bansal daughter of Sh. Ramesh Kumar am resident of

Arya Samaj Chowk, Bathinda, Tehsil and District Bathinda and do hereby
solemnly affirm and declare as under:
1. That on 18.1.2008, I was married to Ashwani Kumar son of Sh.

Sham Lai resident of Prem. Nagar, Kot-Kapura, District Faridkot. But some

time after the marriage, due to certain differences between us (husband

and wife), went to my parental house. Neither my husband nor my in-laws

family have demanded any dowry or articles nor they have subjected me

to any beatings or misbehavior and this is not the reason for my going,

rather I have went to may parental house with my free will and without

any fear or pressure.

2. That during this period, my parents had filed a case for

maintenance against my husband at Bathinda Courts but now my

misunderstandings with my husband have been sorted out and now with

my free will, I have returned back to KotKapura.

3. That for my return, my husband has neither pressurized me nor

have given any inducement.

4. That I have not got any type of dowry dispute with my husband

and nor my husband has given me any beatings.

5. That now I promise that I will reside peacefully with my husband

and I will withdraw the maintenance case filed by me against my husband

as now I am happily residing with my husband in my in-laws house.

Sd/- Deepika
Deponent
VERIFICATION:

My above said statement is true and correct. Nothing is wrong and

concealed.

Sd/- Deepika
Deponent
Attested by Notary 18.09.2009.
True Translation
 Advocate
Annexure P-9

Statement of Deepika aged about 24 years wife of Ashwani

Kumar son of Sham Lal c/o Bansal Audio Video Centre, Ghasita Mal Gali,

Jaitu Road, Kotkapura, daughter of Ramesh Kumar resident of House No.

1904, Gandhi Street, Arya Samaj Chowk, Bathinda, now resident of House

No. 17162, Street No. 4, Aggarwal Colony, Bathinda.

On Oath

Stated that I do not want to pursue this application. I AM HAPPILY

RESIDING IN MY IN-LAWS HOUSE. This application may be dismissed

as withdrawn.

RO & AC Sd/-
Sd/- Deepika KK Singla
JMIC 05.10.2009

True Typed Extract Copy

Advocate
 Annexure P-10

Dated:

To

My dear husband

Ashwani Ji

I know that you love me a lot but a life partner who cannot give

happiness but in return is making sad should not live with you. You are a

good man. You are a God's loveable creature which is a dream of every

wife but I think I do not deserve it.

I love you so much Ashu

True translated relevant extract

Advocate
 Annexure P-10

To

My loving husband Ashwani Ji,

Today it is in your as well as in my mind that we have committed

mistake in understanding each other. You must be thinking that you have

committed mistake by marrying me and I am thinking that I am big sinner

as I have made cry a person who was very happy. Today our relationship

is about to die and I do not know when this relationship may die so Ashu

try to forget me. I know that you can never forgot me because I’ve given

you so much pain so please forgive me and forgot me.

Your's loving

Deep

I'm still love you very much.

True translated relevant extract

Advocate
 Annexure P-11

To

The Inspector General of Police,

Bathinda.

Subject: For getting the enquiry conducted in case F.I.R No. 107 under

section 304 IPC dated 13.5.2010 Police Station City Kotkapura.

Sir,

It is submitted as under:-

1. That I Sham Lal son of Shri Pyare Lal am resident of Prem Nagar,

Kotkapura.

2. That on 13.5.2010 Ramesh Kumar son of Nathu Ram resident of

Bathinda has instituted a false case bearing No. 107 under section 304

IPC in Police Station City Kotkapura against Ashwani Kumar son of Shri

Sham Lal, Sham Lal son of Shri Pyare Lal, Kanta Rani wife of Sham Lal

residents of Prem Nagar, Kotkapura. In reality Ramesh Kumar do not want

her daughter Deepika to live in the house of Ashwani Kumar as he wanted

that Ashwani Kumar alongwith the deceased girl should live in his house

at Bathinda. On 1.5.2008, Ramesh Kumar in the presence of Panchayat

got his daughter Deepika Bansal and Ashwani Kumar separated from the

family, which was reduced in to writing and from that time onwards

Ashwani Kumar and Deepika Bansal got separated from me and my wife.

There kitchen and livelihood were all separate from us.

3. That we are totally innocent and, therefore, the enquiry of this

case be got conducted from some gazetted officer so that truth be

revealed and we may get justice. I shall be grateful to you.

14.11.2010 Sd/- Applicant

Sham Lal son of Sh. Pyare Lal resident

of Prem Nagar Kotkapura Tehsil &
District Faridkot

True Translation
 Advocate

Annexure P-12

Police Department Distt. Faridkot

No. 541-PC /Reader/D.S.P. Dated 19.12.2010

Subject: Report regarding application No. 185 P.C3/2010 dated

23.11.2010 from Sham Lal son of Sh. Pyare Lal resident of Prem

Nagar, Kotkapura.

Sir,

Xx x xx

Xx x xx

From the aforementioned statement, record file and my enquiry, it has

been found that the applicant Sham Lal son of Shri Pyare Lal resident of

Prem Nagar, Kotkapura had a son Ashwani Kumar, who was married to

Deepika daughter of Ramesh Kumar resident of Bathinda on 18.1.2008. At

the time of marriage, there was no demand of dowry from the side of

applicant Sham Lal and it were the parents of Deepika who as per their

capacity had given some house hold articles to their daughter. After 5-6

months of the marriage, the parents of Deepika started picking up quarrel

on one pretext or the other and consequently due to pressure of the

family, the applicant Sham Lal on intervention of Panchayat, separated his

son Ashwani Kumar and daughter-in-law Deepika and thereafter Sham Lal

and his wife had no interference in their personal life. The applicant Sham

Lal and his wife Kanta Devi were living on the ground floor whereas

Ashwani Kumar was living in the upper floor alongwith his wife Deepika.

Although the son of Shri Sham Lal, namely, Ashwani Kumar was

separated but still the in-laws of Ashwani Kumar used to harass and

because of this only Deepika in her own writing gave applications to police
against her parents and subsequently the matter was compromised. The

in-laws of the boy wanted to take their son-in-law and daughter to

Bathinda who used to complain often and used to compromise the cases

which were instituted in the Courts also but with the intervention of

respectables, compromises were affected. During these compromises, the

issue of dowry never arose. The girl herself had given an affidavit that her

in- laws never harassed her for dowry(applications given by the deceased

girl and photocopy of compromises and affidavit are attached herewith).

Deepika could not bear a child and, therefore, used to remain tense. On

13.5.2010, when Ashwani Kumar went to his shop then Deepika bolted

her room from inside and hanged herself with her chuni by tying it to the

fan on the roof. Because of which Deepika died and in this there is no

fault of any body. Apart from this, the complainant Ramesh Kumar who

was in consistent touch with the brother of Mohan Lal resident of

Kotkapura regarding this case has given an affidavit sworn in by Ramesh

Kumar, the complainant duly attested by Executive Magistrate, Bathinda

No. 437 dated 8. 11.2010 has given photocopies and convinced that the

aforementioned case was lodged due to death of his daughter and

because of which he was in sound mental state and further because of

tension and pressure from police and people and would not contest the

case against Sham Lal etc. and would not take any action regarding the

death of the girl.

Therefore, the case No. 107 dated 13.5.2010 under section 304 B Police

Station City Kotkapura lodged by complainant Ramesh Kumar, resident of

Bathinda against his son--in-law Ashwani Kumar son of Sham Lal and his

parents Sham Lal son of Shri Pyare Lal and Kanta Rani wife of Sham Lal

residents of Prem Nagar, Kotkapura have been found to be lodged falsely

in which Ashwani Kumar etc have no fault. The accused Ashwani Kumar

was arrested on 16.10.2010 by SI Gurusher Singh, SHO of Police Station

and had presented the challan, therefore, Ashwani Kumar be got

discharged and it is strongly recommended that cancellation report be

prepared and presented.

Report is submitted.

Sd/-

Dy. Supdt. of Police (SD),

Kotkapura 19.12.2010

Report presented to

SHO P.S City Kotkapura be attested and the case be disposed of.

Sd/-

Sr. Supdt. of Police,

Faridkot 24.12.2010

True Translation

Advocate
 Annexure P-13

CHALLAN FORM UNDER SECTION 173(8) Cr.P.C.

F.I.R No. 107 dated 13.5.2010 under section 304B IPC Police Station City

Kotkapura

Xx xx xx XX

An application dated 19.11.2010 was made by Sham Lal son of Pyare Lal

resident of Kotkapura for getting enquiry don from a gazetted officer to

the I.G Bathinda which was forwarded to SSP Faridkot. The SSP marked

the enquiry to DSP Kotkapura vide order No. 185-PC-3/10 dated

23.11.2010. The DSP enquired the matter and called Ramesh Kumar

complainant, Chhotu Ram son of Shalu Ram resident of Rishi Nagar

Kotkapura, Chhinder Singh son of Gurcharan Singh resident of Prem

Nagar Kotkapura, Balbir Singh MC Ward No. 4 Kotkapura, Sunita Garg MC

Prem Nagar Kotkapura, applicationist Sham Lal, Kanta Rani wife of Sham

Lal, Mohan Lal son of Pyare lal residents of Kotkapura and recorded their

statements. As per this enquiry, it has been found that Ashwani Kumar

was married to Deepika daughter of Ramesh Kumar resident of Bathinda.

At the time of marriage there was no demand of dowry from the side of

Ashwani Kumar and the parents of Deepika as per their own wishes had

given certain gifts. After about 5-6 months of marriage, the parents of

Deepika started taking up fights. Consequent to this a Panchayat was

convened and it was decided that Ashwani Kumar and Deepika be

separated from the family and there would be no interference of parents

of Ashwani Kumar in their married life. Therefore, Ashwani Kumar

alongwith his wife started living on the upper floor and other members of

family Sham lal, Kanta Rani etc. started living on the ground floor. Despite

this compromise still the parents of Deepika used to harass them because

of which Deepika with her own hand writing had given applications to the
police. The parents of Deepika wanted the couple to live with them at

Bathinda. They had instituted court cases also but the same were

compromised. During this period there was no demand of dowry and the

girl had herself stated in her affidavit that her In-laws have never

demanded any dowry. No children was born to Deepika so she remained

to be under tense. On 13.5.2010 when Ashwani Kumar has gone to his

shop then Deepika after bolting the room hanged herself by putting a

chuni around her neck. In this there is no fault of any body. Apart from

this the complainant Ramesh Kumar had given an affidavit to

applicationist Sham Lal which was duly attested by Executive Magistrate

vide No. 437 dated 8.11.2010 in which it was stated that the present case

was instituted because of mental instability because of death of her

daughter and under the pressure of people and he would not pursue the

case and would no further action. This case was found to be lodged

falsely and therefore, DSP Kotkapura prepared the report and had written

that Ashwani Kumar son of Sham Lal resident of Kotkapura, who was

arrested by the police and challan was presented against here be got

discharged and cancellation report be prepared. On 19.12.2010 the report

was presented to SHO, who approved the same on 24.12.2010. Apart

from his, DSP Kotkapura had associated the witnesses from the

complainant side also and enquired regarding the bills and found that the

complainant Ramesh Kumar in association with Rajinder Singh son of Sher

Singh Majbi sikh resident of Kotkapura with the owner of Soni Sound

Service, Mohinder Pal son of Kalu Ram Halwahi resident of Bathinda,

Gursharan Singh son of Gurpal Singh caste blacksmith owner GS Steel

Furniture Bathinder, Barjor son of Chore Lal resident of Kotkapur, who

supplies flowers, Bhupinder Kumar son of Hari Ram resident of Bathinda

owner Charle Studio Bathinda had got forged bills prepared by putting

forged signatures and prepared wrong witnesses against Ashwani Kumar

etc. In this connection a separate report will be prepared and sent by

DSP. Since a false case was registered therefore, supplementary challan

under section 173(8) has been prepared and the same has been

presented. Ashwani Kumar son of Sham Lal who is in judicial custody be

released and P.O proceedings be closed. In this case a separate

cancellation report would be presented to the Hon'ble Court for

acceptance.

Sd/-

S.H.0

P.S Kotkapura Dated 6.1.2011

True relevant extract

Advocate