CRM No.M-17417 of 2017
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No.M- 17417 of 2017(OM)
Date of Decision: April 3 , 2018.
Ashwani …… PETITIONER (s)
Versus
State of Haryana …… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. S.K.Garg Narwana, Senior Advocate with
Mr. Kshitij Bharati, Advocate
for the petitioner.
Mr. Ramesh Kumar Ambavta, AAG, Haryana.
Mr. Adarsh Jain, Advocate
for the complainant.
*****
1. Whether reporters of local papers may be allowed to see
the judgment?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
*****
LISA GILL, J.
Prayer in this petition is for grant of anticipatory bail to the
petitioner in FIR No.54 dated 07.04.2017 under Sections 323/377/498A/506 IPC
(Section 406 IPC added subsequently) registered at Police Station Women
Jhajjar.
As per allegations in the FIR, marriage between the petitioner and
the complainant was solemnized on 31.03.2016. It is stated that this was the
second marriage of both the parties. Allegations of ill-treatment by the
1 of 4
10-04-2018 06:03:50 :::
CRM No.M-17417 of 2017
-2-
petitioner, mother-in-law and brother-in-law of the complainant are raised.
Accusations attracting the provisions of Section 377 IPC are raised against the
petitioner. It is stated that on 23.03.2017, the complainant was subjected to
physical abuse. The complainant called the police at Delhi. The police came and
made them understand however after the police left, the petitioner and her in-
laws again abused her physically. It is further stated that the petitioner forcibly
took the complainant’s credit card and incurred a bill of over `2,00,000/-. The
complainant was ultimately left at her parental home on 24.03.2017. Her medical
was conducted at Karnal on 25.03.2017 at 2.30 p.m. Present FIR was registered
at Police Station Jhajjar.
Learned counsel for the petitioner vehemently argues that marriage,
in question, was solemnized in a simple manner being second marriage of both
the parties. Allegations against the petitioner are not substantiated by the
evidence on record. There is no evidence on record to show that the police was
called on 23.03.2017 by the complainant. It is contended that the complainant left
her job as Software Engineer out of her own accord in June, 2016 in order to
settle abroad. The petitioner however was not in a position to go abroad.
Learned counsel points out that the complainant applied for a passport in January
2017 and displayed her marital status as ‘single’. No obscene films as alleged
were ever prepared by the petitioner. It is further contended that medical of the
complainant was conducted at Karnal for extraneous reasons because a cousin-
sister of the complainant is posted as an Assistant Sub Inspector at Karnal. One
of the maternal uncle (Mama) of the complainant is a retired IPS officer. The
petitioner has thus been falsely implicated in this case. In order to show his
2 of 4
10-04-2018 06:03:51 :::
CRM No.M-17417 of 2017
-3-
bonafides, the petitioner it is submitted is ready and willing to deposit a sum of
`2,00,000/- which is stated to have been used from the credit card of the
complainant, without prejudice to his rights. It is submitted that the petitioner
has joined investigation and he undertakes to face the proceedings and not
misuse the concession of anticipatory bail, if afforded to him. Therefore, it is
prayed that this petition be allowed.
Learned counsel for the complainant has vehemently opposed this
petition while submitting that there are specific allegations against the petitioner
and allegations attracting the rigours of Section 377 IPC have also been raised
against him. Reference is made to the medico-legal report dated 25.03.2017 to
submit that specific injuries were present. However, it is not denied that the said
medical was conducted at Karnal. The complainant’s parents live at Bahadurgarh.
Learned counsel for the complainant and the State are unable to point out
anything on record to indicate the presence of police at the matrimonial home of
the complainant on 23.03.2017.
It is submitted by learned counsel for the complainant that the credit
card dues now amount to about `2,60,000/-. It is further contended that none of
the jewellery items have been returned by the petitioner, though it is not denied
that there is no averment of entrustment of jewellery to any of the accused in the
FIR.
Learned counsel for the petitioner submits that the petitioner is ready
and willing to clear all the dues in respect to the credit card as alleged without
prejudice to his rights.
Learned counsel for the State, on instructions from ASI Satyawan,
3 of 4
10-04-2018 06:03:51 :::
CRM No.M-17417 of 2017
-4-
verifies that the petitioner has joined investigation and recovery of `50,000/- has
been effected. It is further verified 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 he is likely to dissuade the witnesses from deposing
true facts before the Court, if released on bail.
Keeping in view the facts and circumstances as above but without
commenting upon or expressing any opinion on the merits of the case, this
petition is allowed. Consequently, order dated 17.05.2017 is made absolute,
subject to the petitioner depositing a sum of `2,60,000/- with the learned Chief
Judicial Magistrate, Jhajjar within a period of two weeks from today without
prejudice to his rights. The same be released to the complainant.
It is clarified that none of the observations made hereinabove shall
be construed to be a reflection on the merits of the case. The same are solely
confined for the purpose of decision of the present petition.
( LISA GILL )
April 3 , 2018. JUDGE
‘om’
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
4 of 4
10-04-2018 06:03:51 :::