Deepak Gupta v. State Of Haryana

In the High Court of Punjab and Haryana, at Chandigarh Date of Decision: 24.4.2015 Deepak Gupta ... Petitioner(s)

Versus

State of Haryana and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Darshan Singh.

Present: Mr. Sandeep Vermani, Advocate for the petitioner(s).

Mr. Amrik Singh Narwal, Deputy Advocate General, Haryana for respondent No.1.

Mr. Amit Sharma, Advocate with respondent No.2-Shefali Aggarwal.

Darshan Singh, J.

1.

The present petition has been filed by the petitioner for grant of anticipatory bail in case FIR No. 429 dated 27.11.2014, registered under Section 498-A, 377, 406 & 506 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") at Police Station Surajkund, District Faridabad.

2.

The allegations against the petitioner are that he was married with the complainant on 14.2.2014. She was maltreated on account of the demand of dowry and was also subjected to unnatural intercourse. 3.

Learned counsel for the petitioner submits that it was a matrimonial dispute which has been settled before the Mediation & Conciliation Centre of this Court. The petitioner paid a bank draft of ` 4,00,000/- to the complainant, today in the Court, as per the

settlement. So the petitioner is not required for any custodial interrogation.

4.

Learned counsel for the complainant has also admitted that the settlement has been reached between the parties before the Mediator and the parties have resolved to get their marriage dissolved by mutual consent.

5.

Learned State counsel, on the instructions from Assistant Sub Inspector Sukhbir Singh, Police Station Surajkund, submits that the petitioner has already joined the investigation and has been sufficiently interrogated and he is no more required for any custodial interrogation. 6.

During the pendency of the present petition, the matter was referred to the Mediation & Conciliation Centre vide order dated 9.2.2015. The report of the Mediator has been received that the settlement has taken place between the parties. The detailed settlement is dated 6.4.2015. As per the settlement, the petitioner has agreed to pay an amount of ` 11,50,000/- in full and final settlement of the matrimonial dispute to respondent-Shefali and they will seek mutual divorce. As per the terms & conditions of the mutual settlement, a bank draft of ` 4,00,000/- has been handed over to the complainant by learned counsel for the petitioner.

7.

As stated by learned State counsel, the petitioner has already joined the investigation and has been sufficiently interrogated. He is no more required for any custodial interrogation. Thus, his detention is not required for any purpose.

8.

In view of these circumstances, the present petition is hereby

allowed and the order dated 9.2.2015 granting interim pre-arrest bail to the petitioners is hereby made absolute. The petitioner shall, however join the investigation as and when called for and he will also abide by the conditions as specified under Section 438 (2) Cr.P.C. (Darshan Singh) Judge April 24, 2015 "DK"