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Beenu Mehta vs State Of Punjab And Anr on 3 April, 2018

CRM No.M-10742 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No.M- 10742 of 2017(OM)
Date of Decision: April 3 , 2018.

Beenu Mehta …… PETITIONER (s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. SPS Sidhu, Advocate
for the petitioner.

Mr. Anmol Singh Sandhu, AAG, Punjab.

Mr. Divjyot S.Sandhu, Advocate
for the complainant/respondent No.2.
*****
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.286 dated 28.12.2016 under Sections 498A/406 IPC

registered at Police Station City Kapurthala.

It is submitted that the abovesaid FIR has been registered due to

temperamental differences between the petitioner and his wife, the complainant.

As per allegations in the FIR, marriage between the petitioner and the

complainant was solemnized on 13.12.2015 through an advertisement in the

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CRM No.M-10742 of 2017
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matrimonial column of the Punjab Kesri newspaper. It was alleged that a sum of

`15,00,000/- was incurred on the marriage. Allegations of ill-treatment and

harassment at the hands of the petitioner and other members of the in-laws

family were raised by the complainant. It is stated that ultimately complaints

dated 30.06.2016 and 09.08.2016 were submitted by the complainant to the

Senior Superintendent of Police, Kapurthala. A compromise was effected

between the parties on 31.08.2016 and the complainant was taken to the

matrimonial home. It is alleged that the complainant was forcibly given some

poisonous substance on 06.10.2016 by the petitioner and other members of her

in-laws family. The complainant disclosed it to her father and on 08.10.2016,

she was brought to her parental home.

Learned counsel for the petitioner submits that the complainant

could not adjust in the matrimonial home at Ferozepur and sought a separate

residence at Mohali however, the same was not possible for the petitioner. The

petitioner even filed a petition under Section 9 of the Hindu Marriage Act, 1955

and is still ready and willing to resume cohabitation with the complainant.

Reference is made to a compromise (Annexure P1) which was arrived at

between the parties on 08.10.2016 in the presence of various respectable persons

of the area. It is contended that there is no medical evidence on record to

indicate administration of any poisonous substance to the complainant and

perusal of compromise dated 08.10.2016 also does not reveal any such incident.

It is submitted that all articles belonging to the complainant have since been

handed back. Learned counsel further submits that the petitioner in order to

show his bonafides and to counter the allegations that the gold articles have not

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CRM No.M-10742 of 2017
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been returned, is ready and willing to deposit a sum of `4,00,000/- before the

learned Chief Judicial Magistrate, Kapurthala within a period of four weeks,

without prejudice to his rights subject to the ultimate decision of the

trial/investigation. 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 and the State have opposed

this petition while submitting that specific allegations have been raised against

the petitioner. However, nothing has been pointed out to indicate the

administration of any poisonous substance to the complainant on 06.10.2016, at

this stage.

It is noticed that efforts were made to enable the parties to amicably

resolve their dispute, however mediation was unsuccessful. The petitioner has

expressed his desire to resume matrimonial ties. Learned counsel for respondent

No.2 was however not amenable to the same due to the unsavoury environment

created by the petitioner.

Learned counsel for the State, on instructions from ASI Harjinder

Singh, verifies that the petitioner has joined investigation and is not involved in

any other criminal case. It is submitted that though certain articles have been

returned, the gold jewellery has not been returned. 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.

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CRM No.M-10742 of 2017
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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 03.04.2017 is made absolute

subject to the petitioner depositing a sum of `4,00,000/- by way of FDRs before

the learned Chief Judicial Magistrate, Kapurthala within a period of four weeks

from today without prejudice to his rights.

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

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