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Nikhil Gupta vs State Of Punjab And Another on 12 February, 2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Criminal Misc. No.M-33263 of 2019
Date of Decision: 12.02.2020

Nikhil Gupta
…Petitioner (s)
Versus
State of Punjab another
…Respondent(s)

CORAM:- HON’BLE MR. JUSTICE HARI PAL VERMA

Present:- Mr. Pawan Kumar, Sr. Advocate with
Mr. Surya Kumar, Advocate
for the petitioner.

Ms. Ruchika Sabharwal, AAG, Punjab.

Mr. S.S. Rangi, Advocate
for respondent no.2.
*****

HARI PAL VERMA, J. (Oral)

Prayer in the present petition filed under Section 438 of the

Code of Criminal Procedure, 1973 is for grant of anticipatory bail to the

petitioner in case FIR No.0023 dated 19.07.2019 under Sections 498-A IPC

and 406 IPC (added subsequently) registered at Police Station Women SAS

Nagar, Mohali.

The aforesaid FIR was registered at the behest of the

complainant – Priya, whose marriage was solemnized with the petitioner

on 13.11.2017. As per the FIR, the family of the complainant spent

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Rs.4,00,000/- on Roka ceremony whereas more than Rs.20,00,000/- was

spent at the time of marriage. The parents of the complainant had given

sufficient dowry articles including gold ornaments at the time of marriage,

as detailed in the FIR. However, after the marriage, the complainant came

to know that the petitioner was having an affair with an employee of his

own IT firm. When the complainant object to it, the petitioner promised

that he will not repeat it again. It caused mental harassment to the

complainant.

Vide order dated 10.09.2019, the matter was referred to the

Mediation and Conciliation Centre of this Court and the parties were

directed to appear before the mediator. It has been reported by the mediator

that despite best efforts, the parties could not reach at an amicable

settlement. In these circumstances, the case has once again been listed

before this Court.

Vide order dated 29.10.2019, while adjourning the case for

today, the petitioner was directed to join investigation.

Learned Senior Counsel appearing on behalf of the petitioner

has argued that apart from the fact that offence under Section 406 IPC has

been added at a later stage, no recovery is required to be effected from the

petitioner, as while staying with the petitioner, the complainant has taken

away the jewellery. She has left the company of the petitioner in October,

2018 and thereafter, she has stayed with him from 17.02.2019 to

09.05.2019.

Learned counsel for the complainant has argued that all the

jewellery articles have not been recovered in the case. Moreover, the

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conduct of the petitioner is such that he does not deserve the relief of

anticipatory bail, as on 17.02.2019, when the grandmother of the petitioner

had expired, the complainant had joined the company of the petitioner and

stayed with him till 09.05.2019, on which date, the petitioner left the

company of the complainant. On 11.05.2019, the complainant submitted a

complaint to the SSP, but on 13.05.2019, she received a notice in the

divorce petition filed by the petitioner. In this manner, despite having filed

a divorce petition before the Court, the petitioner has established physical

relations with the complainant, which is not less than commission of rape

upon the complainant, as he has conveniently concealed this fact from the

complainant.

On the other hand, learned State counsel does not dispute the

fact that the petitioner has joined the investigation. She has submitted that

apart from other allegations, the complainant has submitted bills for 11 tola

of gold jewellery given in the marriage and out of this, 6 tola of gold

jewellery has been recovered from the petitioner and 5 tola of gold

jewellery is yet required to be recovered in the case.

I have heard learned counsel for the parties.

The matter was sent to the Mediation and Conciliation Centre

of this Court, but it could not be resolved. Even this Court has interacted

with the parties at sufficient length, but there is remote possibility of any

settlement. Considering the fact that the petitioner has joined investigation

and 6 tola of gold jewellery has been recovered from him, the present

petition is allowed and the interim order dated 29.10.2019 is made

absolute, however, that will be subject to the condition that the petitioner

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deposits a sum of Rs.2,50,000/- with the trial Court in the shape of FDR of

a Nationalized bank towards 5 tola of gold jewellery, which is yet to be

recovered in the case. In case the petitioner is convicted in the case the

aforesaid FDR of Rs.2,50,000/- shall be disbursed to the complainant and

in the event of acquittal of the petitioner, the said amount shall be disbursed

to the petitioner.

However, the petitioner shall join the investigation as and

when directed by the investigating agency and shall abide by the terms and

conditions laid down under Section 438(2) Cr.P.C.

It is also made clear that since the present petition is confined

to offence under Sections 498A IPC and 406 IPC (added later on), this

Court has not made any observation as regards the allegation of rape

having been committed upon the complainant.

February 12, 2019 ( HARI PAL VERMA )
AK JUDGE

Whether speaking / reasoned? Yes / No
Whether reportable? Yes / No

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