High Court of Punjab and HaryanaCRM-M/22458/2020dismissed

Harpreet Kaur v. State Of Punjab And Others

2021-07-06Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-22458-2020 Decided on : 06.07.2021 Harpreet Kaur . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. Lovish Arora, Advocate for the petitioner(s).

Mr. Luvinder Sofat, AAG, Punjab assisted by ASI Ramesh Kumar.

Ms. Dhivya, Advocate for the complainant.

**** MANJARI NEHRU KAUL , J. (Oral) Prayer in the instant petition is for cancellation of bail granted to respondents No.2 & 3 vide order dated 29.07.2020 (Annexure P-3), passed by Ld. Addl. Sessions Judge, Ferozepur, in case FIR No. 6, dated 10.07.2020 (Annexure P-1), under Sections 498-A, 406 IPC, registered at Police Station PS NRI, Ferozepur, District Ferozepur.

Learned State counsel on instructions from ASI Ramesh Kumar, has apprised the Court that the car, which was allegedly given to the respondentsaccused at the time of marriage already stands recovered. Learned counsel for the petitioner submits that the other dowry articles, which were demanded and entrusted to the respondents-accused and which find mention in the FIR in question, have not been returned till now. Hence, the concession of bail granted to the respondents-accused vide order dated 29.07.2020 (Annexure P-3) should be withdrawn. On a pointed query put to the learned counsel for the petitioner as to JAWALA RAM 2021.07.07 16:33 I attest to the accuracy and integrity of this document

CRM-M-22458-2020 - 2 - whether there had been any violation of the conditions imposed on the respondents-accused, while granting them the concession of bail vide order dated 29th July, 2020 (Annexure P-3), learned counsel submits that there has been violation, inasmuch as, the respondents-accused failed to return the dowry articles and on the contrary filed a false affidavit, wherein, they deposed that they were not in possession of any dowry articles.

The demand and entrustment of the dowry articles as alleged by the learned counsel for the petitioner and as per the allegations levelled in the FIR in question, are disputed questions of fact, which shall be considered when the parties adduce their respective evidence before the trial Court. Consequently, finding no merit in the instant petition, same stands dismissed.

(MANJARI NEHRU KAUL) JUDGE July 06, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.07.07 16:33 I attest to the accuracy and integrity of this document