Suresh Chand Sharma And Another v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-21.12.2020 Suresh Chand Sharma and another ... Petitioners

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Rajesh Arora, Advocate for the petitioners. Ms. Sheenu Sura, DAG, Haryana, assisted by SI Anil Kumar.

Mr. Sanjay Vashisth, Advocate for respondent No.2/complainant. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) CRM-29243-2020 In view of the reasons mentioned in the application, the same is allowed and Ms. Anupriya Sharma aged 32 years daughter of Sh. Ashok Sharma, Resident of H. No.890, Sector-13, Kurukshetra is ordered to be impleaded as respondent No.2/complainant. Amended memo of parties annexed with the application is taken on record.

( 2 ) CRM-M-33875-2020 1.

The petitioners have approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.703 dated 7.9.2020 at Police Station City Thanesar, District Kurukshetra under Sections 323, 406, 420, 498-A, 506 and 34 of Indian Penal Code.

2.

The FIR was lodged at the instance of Anupriya wherein she alleged that her marriage was solemnized with Nitin Sharma on 27.1.2019. It is alleged that shortly after marriage the accused including the petitioners i.e. her father-inlaw and mother-in-law started harassing her and taunting her for not having brought sufficient dowry and the accused virtually ruined her life. 3.

Opposing the petition, learned State counsel assisted by learned counsel for the complainant, has submitted that in view of specific and categoric allegations levelled in the FIR and the fact that even as on date the accused are not permitting the complainant to settle in her matrimonial home, no case for grant of bail is made out. The learned State counsel has, however, informed that pursuant to interim directions, the petitioners have joined investigation though all the dowry articles alleged to have been misappropriated and have not been recovered.

4.

I have considered rival submissions addressed before this Court. 5.

The matter apparently has arisen out of a matrimonial discord, wherein apart from husband of the complainant, the petitioners, who are the parents of complainant's husband, have also been arrayed as accused. Bearing in mind the nature of allegations and also the age of petitioners who are both senior citizens and the fact that they have already joined investigation, their custodial interrogations is not warranted. The petition, as such, is accepted

( 3 ) and the interim directions issued by this Court vide order dated 21.10.2020 are hereby made absolute subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

21.12.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No