High Court of Punjab and Haryana held that granting pre-arrest bail to the main accused in a domestic violence case would defeat the objective of Section 498A IPC. Bail was dismissed at this stage pending amicable settlement.
Bail application dismissed at this stage; liberty to approach the Court again in case the matter is amicably settled.
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CRM M-2062 of 2014 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CRM M-2062 of 2014
Date of Decision: February 25, 2014
Gautam Gupta
…..Petitioner
Vs.
UT of Chandigarh
…..Respondent
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Ms. G.K. Mann, Advocate for the petitioner.
Mr. Rakesh Nagpal, Advocate for UT.
Mr. Maninder Arora, Advocate.
-.-
M.M.S. BEDI, J. (ORAL)
Petitioner is husband of complainant Richa, who has levelled allegations of demand of dowry and cruelty against the petitioner and his family members. The family members of the petitioners have been granted the concession of pre-arrest bail by the Sessions Court. The petitioner claims that he has been falsely implicated in the case and that the complainant had called police on October 4, 2013 and he had informed the
Gupta Sanjay 2014.02.26 16:54 I attest to the accuracy and integrity of this document High Court Chandigarh
CRM M-2062 of 2014
[2]
police vide report annexure P-2 that she had slapped him on April 6, 2013 and that she had threatened him to trap him and his family in false cases.
Counsel for the petitioner has argued that none of the dowry articles of the complainant have been retained forcibly by petitioner or his family members rather complainant has voluntarily left the house of the petitioner.
After going through the facts and circumstances and the nature of the allegations, I am of the considered opinion that the petitioner is the main accused who was married to the complainant only on August 6, 2012. The complainant under compelled circumstances seems to have not been permitted to stay with the petitioner. The conciliation proceedings taken up by the Mediation Centre have also failed. The attitude of the petitioner of preparing defences is apparent from the document relied upon by counsel for the petitioner.
In view of the above circumstances, this Court is of the considered opinion that the objective of Section 498 A IPC would be defeated in case the main accused after acts of cruelty, is able to get the concession of pre-arrest bail.
Dismissed at this stage with liberty to the petitioner to approach this Court again in case the matter is amicably settled.
February 25, 2014 (M.M.S.BEDI) sanjay JUDGE
Gupta Sanjay 2014.02.26 16:54 I attest to the accuracy and integrity of this document High Court Chandigarh
1 issue framed by the court
Whether pre-arrest bail should be granted sparingly to the main accused in dowry and cruelty cases to prevent defeating the objective of Section 498A IPC.
Gautam Gupta
UT of Chandigarh
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
