Satinder Singh Kohli v. State Of Haryana

{1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:27.01.2022 Satinder Singh Kohli ... Petitioner Vs.

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Simarnjeet Singh Sarwara, Advocate for the petitioner.

Ms. Mahima Yashpal, DAG, Haryana.

None for the complainant/respondent No.2.

SUVIR SEHGAL, J. (Oral) Heard through video conferencing.

Instant petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 seeking grant of anticipatory bail to the petitioner in case FIR No.684 dated 28.11.2020 registered under Sections 354-A, 406, 498-A, 506 and 34 of Indian Penal Code, 1860 at Police Station Baldev Nagar, District Ambala (Annexure P-1).

FIR (Annexure P-1) has been registered by the complainant -respondent No.2 against her husband Satinder Singh Kohli (present petitioner), her mother-in-law and other relations on the allegations that they have misappropriated the dowry articles and have harassed and humiliated her. Allegation of outraging the modesty has been levelled against Aman

{2} Anand, cousin brother of the petitioner.

Counsel for the parties have been heard.

While granting interim protection to the petitioner on 26.08.2021, this Court passed the following order:- "The mediation process between the parties has failed as is evident from the report received from the Mediation and Conciliation Centre, Ambala.

By an order dated 22.01.2021, the petitioner and the complainant had been referred to the Mediation and Conciliation Centre,Ambala, for an attempt to be made to resolve the dispute amicably. However, by the said order, the petitioner had not been directed to join investigation and only his arrest was stayed.

Since the mediation is unsuccessful, let the petitioner put an appearance before the Investigating Officer and handover the articles in his possession.

However, counsel for the petitioner would contend that the dowry articles and the passport have already been returned to the complainant.

Adjourned to 27.01.2022.

Meanwhile, the petitioner is directed to join the investigation within a period of one week and on his doing so, the petitioner be released on interim bail subject to his furnishing personal/surety bonds to the satisfaction of

{3} Arresting/Investigating Officer. However, the petitioner shall continue to join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C."

Upon instructions from ASI Lal Chand, State counsel submits that the petitioner has joined the investigation and as per the statement given by the complainant, all the alleged dowry articles have been received back by her, including her passport. As per her instructions, the petitioner is no longer required for the custodial interrogation. In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated 26.08.2021 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

(SUVIR SEHGAL) January 27, 2022 JUDGE savita Whether Speaking/Reasoned Yes Whether Reportable Yes/No