A serving Major in the Indian Army filed for anticipatory bail in a matrimonial dispute involving dowry and cruelty charges. The court found amicable settlement unlikely and dismissed the petition.
Anticipatory bail application dismissed.
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KUMAR MANOJ #1# 2015.12.15 09:43 I attest to the accuracy and integrity of this document
CRM-M- 35750 of 2015
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M- 35750 of 2015 Date of Order: 14.12.2015
Maj. Amit Mishra
....Petitioner
Versus
State of Haryana and Anr.
....Respondents
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. Kunal Dawar, Advocate for the petitioner.
Mr. R.K. Doon, AAG, Haryana.
Mr. Pankaj Bali, Advocate for respondent No.2complainant.
JASWANT SINGH, J (ORAL)
Prayer on behalf of husband-petitioner, a serving Major in the Indian Army and facing the charges of harassment and demand for dowry is for grant of anticipatory bail in case FIR No.314 dated 2.7.2015 under Sections 406,498-A,323,377,34 IPC, PS Sadar, Thanesar, District Kurukshetra, Haryana.
This Court had issued notice on the plea that the petitioner was keen for arriving at an amicable settlement to his matrimonial dispute with the wife. Accordingly, interim protection was granted vide order dated 16.10.2015.
CRM-M- 35750 of 2015 #2#
The parties are present in court and after interaction with them, amicable settlement does not appear to be possible.
Heard learned counsel for the parties.
Learned State counsel, on instructions from ASI Ram Parkash has joined investigation, however, he has not cooperated and that the recovery of huge articles is to be effected.
Learned counsel for the complainant points out that there are innumerable instances of demand of dowry and instances of cruelty in the FIR, which do not warrant grant of discretionary relief by this Court.
Without commenting upon merits of the case and taking into account the gravity of the offence, this Court does not find any merit in the present petition.
Dismissed.
December 14, 2015 ( JASWANT SINGH ) manoj JUDGE
2 issues framed by the court
Whether anticipatory bail should be granted to the accused in a domestic dispute involving dowry demand and cruelty charges.
Whether interim protection granted for amicable settlement should be revoked and bail denied.
1 provisions across 1 enactments
Maj. Amit Mishra
State of Haryana
State of Haryana and Anr. (represented by Kunal Dawar, Pankaj Bali)
JASWANT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
