Jaswinder Kaur Lamba vs State Of Punjab

CRM M-49953 of 2026 and CRM M-50150-2026
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
229 (2) CRM M-49953 of 2026
Date of Decision: 10.09.2026
Jaswinder Kaur Lamba ...Petitioner
Versus
State of Punjab ... Respondent
CRM M-50150 of 2026
Joginder Singh Lamba ...Petitioner
Versus
State of Punjab ... Respondent
CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT
Present : Mr. Sanjeev Sharma, Sr. Advocate with
Mr. Sandeep Singh, Advocate
for the petitioner. (in both the petitions).
Mr. Hemant Aggarwal, DAG, Punjab.
Mr. Bhupinder Ghai, Advocate
for the complainant (in both the petitions).

N.S.SHEKHAWAT , J. (Oral)]
1. This order shall dispose of two petitions, i.e., CRM M-
49953 of 2026 titled as Jaswinder Kaur Lamba Vs. State of Punjab
AMIT RANA
2026.09.11 17:33
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CRM M-49953 of 2026 and CRM M-50150-2026 -2-
and CRM M-50150 of 2026 titled as Joginder Singh Lamba Vs.
State of Punjab, whereby, the petitioners have prayed for grant of
concession of regular bail in case FIR No. 26 dated 22.06.2026,
under Sections 318(2), 336, 339, 340, 316(2), 61, 338, 318(4) and
82(2) of the B.N.S.S, 2023 (corresponding to Sections 420, 465, 471,
474, 406, 120-B, 467 and 494 I.P.C, 1860), registered at Police
Station Women, SAS Nagar, District SAS Nagar.
2. Learned senior counsel for the petitioners has
vehemently argued that the present case arises out of matrimonial
dispute between the daughter of the petitioners and her
husband/complainant, and the FIR is an outcome of deliberations,
exaggerations, and based on some legal advice. In fact, the daughter
of the petitioner came in contact of the complainant through a
matrimonial website, Shaadi.com, and with the consent of the
families, the marriage was performed on 30.11.2025. The petitioners
had spent more than Rs. 50 lakhs on the wedding of their daughter,
and rather the belongings of their daughter have been misappropriated
by the complainant. He further submits that even in the FIR, there is
no specific attribution to the petitioners, and there is not even a
whisper in the FIR that there was any entrustment to the petitioners in
any manner. Even otherwise, it is a settled law that the articles which
istridhan
were gifted to a lady in her marriage clearly constitute and it
is her exclusive property. Consequently, the allegations that the
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CRM M-49953 of 2026 and CRM M-50150-2026 -3-
daughter of the petitioner had misappropriated certain jewellery, gift
items, etc. are highly exaggerated and cannot be construed as a
wrongful gain by the daughter of the petitioner. Learned senior
counsel has further submits that even the complainant himself
instituted a petition under Section 12 of the Hindu Marriage Act,
1955, on 10.03.2026 before the Court of Principal Judge, Family
Court, Mohali and, later on, with a view to exert the petitioners and
their family members, complainant got the present FIR registered by
colluding with the local police. Apart from that, even Gurpreet Kaur,
daughter of the petitioner, had lodged a criminal complaint against the
complainant with Crime Against Women Cell, South West District,
Delhi, Annexure P-2, raising grave allegations of sexual harassment
by her parents-in-law and other family members of the complainant.
Apart from that, it has been falsely alleged that the daughter of the
petitioners had performed marriage with a person, namely, Vivek
Mahajan. But surprisingly, statement of Vivek Mahajan was never
recorded by the police during the course of investigation to
substantiate the claim of second marriage of Gurpreet Kaur. Learned
senior counsel further submits that, in fact, basic allegations levelled
by the complainant in the present case are centered around the
matrimonial discord between the daughter of the petitioners and her
husband, i.e., the complainant, and the entire dispute is essentially
matrimonial in nature. However, the entire dispute has been given the
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CRM M-49953 of 2026 and CRM M-50150-2026 -4-
texture of criminality with an intention to pressurize the petitioners
and their daughter to settle the matrimonial proceedings. Learned
senior counsel further submits that the petitioners, who are both
th
senior citizens, were arrested in the present case on 17 July 2026
and are in custody since then. Even, during course of investigation,
they had cooperated with the IO of the present case and the
investigation is almost complete qua them. Apart from that, both the
petitioners have clean antecedents and their further continued
custodial incarceration is not warranted as the allegations have been
primarily levelled against Gurpreet Kaur, their daughter, and the
dispute between the parties is essentially a matrimonial dispute, which
has been illegally converted into a criminal offence.
3. On the other hand, learned State counsel assisted by
learned counsel for the complainant have vehemently opposed the
submissions made by learned counsel for the petitioners on the
ground that the petitioners are the parents of Gurpreet Kaur, who is
accused of matrimonial harassment, demands for money and
misappropriation of jewellery ornaments. Apart from that, even
Gurpreet Kaur had committed a fraud and had concealed her date of
birth. Still further, there is sufficient documentary evidence to show
that Gurpreet Kaur, co-accused, had performed her first marriage with
Vivek Mahajan on 22.11.2022, and even both the petitioners were
present at the time of first marriage of Gurpreet Kaur. Even, they were
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CRM M-49953 of 2026 and CRM M-50150-2026 -5-
seen in the photographs of the first marriage of Gurpreet Kaur with
Vinay Mahajan. However, by concealing first marriage, Gurpreet
Kaur had performed second marriage with the complainant
fraudulently and had misappropriated the gold and diamond
ornaments which were given to Gurpreet Kaur from time to time.
4. I have heard learned counsel for the parties and perused
the report very carefully.
5. In the present case, it is evident that both the petitioners,
who are senior citizens with clean antecedents, are parents of
Gurpreet Kaur, who is admittedly having matrimonial discord with
the present complainant, and the complainant has already instituted a
petition under Section 12 of the Hindu Marriage Act before the Court
of Principal Judge, Family Court, Mohali, seeking annulment of
marriage. Apart from that, even Gurpreet Kaur, daughter of
petitioners, has also lodged a criminal complaint with Crime Against
Women Cell, Delhi Police, Annexure P2, levelling serious allegations
of sexual harassment, and the said complaint is also stated to be
pending with Delhi Police. At this stage, this Court is conscious of the
fact that both the petitioners, who belong to a respectable family, are
senior citizens and are in custody since 17.07.2026. Even, there is no
material to show that the petitioners are in a position to influence the
witnesses of the prosecution, or there are any chances of fleeing from
the process of justice. Thus, the continued custody of the petitioners
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CRM M-49953 of 2026 and CRM M-50150-2026 -6-
as undertrial prisoners for a longer period is not warranted, more
particularly, when they had cooperated with the IO in the present case
and the documentary evidence has already been collected by the
police.
6. In view of the above, without commenting any further on
the merits, the present petitions are allowed and the petitioners are
ordered to be released on bail on their furnishing bail bonds/surety
bonds to the satisfaction of the learned trial Court/Duty
Magistrate/CJM concerned.
10.09.2026 (N.S.SHEKHAWAT)
amit rana JUDGE
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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