Harsh Garg v. State Of Punjab




 



 

  

 



 

  

 



 

  

 



 

 

   
   
   
  




 



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Petitioner has filed instant petition under Section 482 of -$7
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!9 for grant of anticipatory bail in FIR No.181 dated 28.12.2024 under Sections 85, 316 and 316 (2) Bharatiya Nyaya Sanhita, 2023 registered at Police Station City Sunam, District Sangrur.
2.

As per facts of the case, FIR has been registered on the written complaint of Mohika Bansal alleging that her parents had spent Rs.5 lakhs on her marriage which took place on 06.05.2019, as per the demand of her husband and members of in-laws family. She has given detail of dowry articles given at the time of marriage in the shape of gold ornaments, shagun and household articles, etc. All accused, referred in FIR, ill-treated her in the matrimonial home. There was demand for huge cash amount and gold jewellery. Due to matrimonial dispute, she even went back to her parental


house and a panchayat was convened. All her dowry articles were misappropriated by her husband and members of in-laws family. They refused to return her istridhan. Finally the complaint was filed.
3.

Learned counsel for the petitioner argued that he was granted interim relief and the matter was referred to Mediation and Conciliation vide order dated 24.02.2025. However, compromise did not mature. In order to show his bonafide, petitioner is ready to give Rs.1 lakh to his wife and he is also ready to join the investigation.

4.

Counsel representing complainant on instructions from complainant and her father consented and agreed to receive Rs.1 lakh. Today, learned counsel representing petitioner has placed on record copy of payment receipt on Paytm as well as bank statement of Punjab National Bank according to which, Rs.1 lakh has been received in the account of Pardeep Kumar father of the complainant.

5.

Learned counsel representing State also filed status report confirming the allegations. It is pointed out that some of the dowry articles are yet to be recovered. On account of matrimonial dispute, complainant along with her child is residing in parental house since July, 2024. 6.

I have considered the aforesaid factual position. Despite efforts through Mediation and Conciliation Centre, matter could not reconcile. However, petitioner, in order to show his bonafide, has deposited Rs.1 lakh in the account of his father-in-law (father of the complainant-wife). He is also ready to join the investigation as well as recovery of dowry articles. Therefore, no purpose would be served by sending the petitioner behind the bars. Therefore, anticipatory bail application filed by the petitioner is

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allowed. He be not arrested. In case of his arrest, he be released on bail to the satisfaction of Arresting/Investigating Officer concerned, subject to condition that petitioner will join investigation as and when required. He will not tamper with or interfere with investigation and will not leave country without prior permission as provided under Section 482 (2) of BNSS, 2023.


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