High Court of Punjab and HaryanaCRM-M/51028/2019dismissed

Dilshad Akhtar v. State Of Punjab

2020-02-25Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-51028-2019 Decided on : 25.02.2020 Dilshad Akhtar . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Rishav Jain, Advocate for the petitioner(s).

Mr. Raghav Goyal Chandiwala, Advoate for the complainant.

**** MANJARI NEHRU KAUL, J. (Oral) The instant petition has been filed under Section 438 Cr.P.C., for grant of anticipatory bail, in case FIR No. 300, dated 06.08.2019, under Sections 342, 354, 498-A IPC, registered at Police Station Zirakpur, District SAS Ngar, Mohali.

It has been inter alia contended that totally false and fabricated allegations have been levelled against the petitioner, who is the husband of the complainant with the sole motive to humiliate him and his family. Vide order dated 02nd December, 2019, the matter had been referred to the Mediation and Conciliation Centre of this Court, as the learned counsel for the petitioner on instructions received from the petitioner, submitted that the petitioner was ready and willing to return the dowry articles/Istridhan to the complainant and was also ready for reconciliation with the complainant-wife.

As per the report received from the Mediation and Conciliation Centre of this Court, all efforts to bring about reconciliation between the parties proved to be fuitile.

JAWALA RAM 2020.03.05 12:59 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-51028-2019 - 2 - Learned counsel for the complainant has apprised this Court that the petitioner failed to adhere to the undertaking given to this Court on 02nd December, 2019, with respect to return of dowry articles/Istridhan. As per the learned counsel for the complainant, the dowry articles/Istridhan have still not been returned to the complainant. Heard.

A perusal of the FIR in question reveals that serious allegations have been levelled against the petitioner of maltreating and physically assaulting the complainant-wife. In fact, after she was physically assaulted by the petitioner on 04.08.2019, she along with her son managed to flee to her parental home. She was, thereafter, admitted in Civil Hospital, Dhakoli, where, as per the MLR, as many as 13 injuries found on her person. Therefore, keeping in view the aforesaid facts and the serious nature of allegations levelled against the petitioner, no ground for grant of anticipatory bail is made out.

Dismissed.

(MANJARI NEHRU KAUL) JUDGE February 25, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.03.05 12:59 I attest to the accuracy and authenticity of this document Chandigarh