CRM-M-19542 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CRM-M-19542 of 2017 (OM)
Date of Decision:15.02.2018
State of Haryana and another
CORAM : HON’BLE MRS. JUSTICE LISA GILL
Present: Mr.Gautam Dutt, Advocate
for the petitioner.
Mr. Ramesh Kumar. AAG., Haryana
for respondent no.2.
LISA GILL, J(Oral).
Petitioner seeks the concession of anticipatory bail in FIR
No.70 dated 08.05.2017, under Sections 323, 377, 384, 498-A, 506 IPC,
registered at Police Station Women Police Station, Faridabad.
It is submitted that marriage between the petitioner and the
complainant was solemnized in the year 1994. Two children were born out
of this wedlock. Their daughter is major and the son aged about 17 ½ years.
It is submitted that abovesaid FIR has been registered due to temperamental
differences as well as certain differences which arose after the death of the
petitioner’s father in January 2016. As per the allegations in the FIR, the
petitioner was entrapped and entangled in a web cast by one Anupama Joshi
in the year 2007. She was a frequent visitor to their house. Allegations of
blackmail by the said lady are raised. It is stated in the FIR that the petitioner
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was also threatened by Anupama Joshi otherwise she would implicate him in
a rape case. A demand of `50 lakhs was raised by her. The petitioner
pressurized the complainant to arrange this amount from her relatives. The
allegations attracting the offence punishable under Section 377 IPC are also
levelled in the FIR. It is stated that expenses of the complainant and the
children are not being borne by the petitioner and he is giving constant
threats to their life.
Learned counsel for the petitioner argues that the petitioner and
the complainant have been living separately from the year 2010. The first
complaint was submitted by the complainant on 22.09.2016, thereafter on
26.12.2016 and then on 06.02.2017. All the said complaints were inquired
into by an IPS Officer and the allegations against the petitioner were found
to be incorrect. Moreover, in the said applications, no allegation attracting
the offence punishable under Section 377 IPC was ever raised by the
complainant. Petition under Section 13 of the Hindu Marriage Act, 1955
(Annexure P-2), was filed by the petitioner on 11.07.2016. Thereafter, the
present FIR has been registered on 08.05.2017 on an application submitted
by the complainant on 06.05.2017. Allegations attracting Section 377 IPC
were raised for the first time in this complaint. It is contended that the
petitioner is taking care of all the needs and requirements of the complainant
as well as of both his children and shall continue to do so. The complainant
and both the children are admittedly living in the matrimonial home.
Moreover, he has joined investigation pursuant to the interim order passed
by this Court on 03.07.2017. He undertakes to face the proceedings. It is
thus prayed that this petition be allowed.
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CRM-M-19542 of 2017 (OM) 3
Learned counsel for the complainant has opposed this
application, but is unable to deny that marriage between the parties took
place in the year 1994. The complainant and the children are admittedly
living in the matrimonial home as on date. There is no serious dispute
regarding the averments that the needs and requirements of the complainant
and the children have been looked after by the petitioner.
Learned counsel for the State, on instructions from ASI Saheed
Ahmed, affirms and verifies that the petitioner has joined investigation and
is not involved in any other criminal case. Mediation between the parties has
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 03.07.2017, is made
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.
Whether speaking/reasoned : Yes/No
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