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2012 DIGILAW 847 (PNJ)

Hukam Chand Suri v. State of Punjab

2012-07-04

MEHINDER SINGH SULLAR

body2012
JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral) - As the above indicated applications for anticipatory bail have arisen out of the same FIR/case, therefore, I propose to dispose of the same, vide this common order in order to avoid the repetition of facts. 2. The epitome of the facts, which needs a necessary mention for the limited purpose of deciding the aforesaid applications for anticipatory bail and emanating from the record, is that the inter-caste love marriage of complainant Arsh Suri (respondent No.2) was solemnized with petitioner Nitin Suri son of Hukam Chand Suri on 29.6.2007 at Pathankot against the wishes of their parents. After the solemnization of marriage, they started residing separately in the rented accommodation. According to the complainant that on 10.10.2011, her husband left the rented accommodation and started residing with his parents either at Pathankot or Panchkula, whereas she was staying in rented accommodation. Her parents-in-law did not allow her husband to talk to her. She made the complaint narrating her tale of woe, on the basis of which, the present case was registered against the petitioners-accused, vide FIR No.223 dated 26.7.2011, on accusation of having committed the offences punishable under Sections 406 and 498-A IPC by the police of Police Station Zirakpur, Distt. SAS Nagar. 3. Having exercised and lost their right, the petitioners have filed the above indicated applications for anticipatory bail, invoking the provisions of section 438 Cr.PC. 4. Notice of the applications was issued to the respondents. 5. After hearing the learned counsel for the parties, going through the record with their valuable help and after considering the entire matter deeply, to my mind, the instant applications for anticipatory bail deserve to be accepted in this context. 6. As is evident from the record that during the course of preliminary hearing, a Coordinate Bench of this Court (Ajay Tewari, J.) passed the following order on 9.11.2011:- “Parties are present in person. With the intervention of learned counsel for the parties, this matrimonial dispute has been decided amicably. It has been agreed that the petitioner shall pay a sum of Rs.7 lacs to respondent No.2 in full and final settlement towards her dowry/istri dhan/permanent alimony/maintenance etc. The parties shall also dissolve their relationship by way of decree of divorce by mutual consent. With the intervention of learned counsel for the parties, this matrimonial dispute has been decided amicably. It has been agreed that the petitioner shall pay a sum of Rs.7 lacs to respondent No.2 in full and final settlement towards her dowry/istri dhan/permanent alimony/maintenance etc. The parties shall also dissolve their relationship by way of decree of divorce by mutual consent. It has further been agreed that for that purpose, the parties shall meet in the chamber of Shri Satpal Singh, Advocate, Mohali on 17.11.2011. The petitioner shall hand over a demand draft of Rs.3.50 lacs in favour of respondent No.2, and on receipt of the said draft by respondent No.2, the parties shall file a petition for divorce by mutual consent and on the date of second motion, the petitioner shall bring the remaining amount of Rs.3.50 lacs by way of demand draft in favour of respondent No.2. It has also been agreed that after the divorce is given, the petitioner would be at liberty to file a petition for quashing of the present FIR on the basis of today’s agreement. Counsel for the petitioner further states that in view of the agreement between the parties, further proceedings before the trial Court may be stayed. Counsel for the State of Punjab, as also counsel for respondent No.2 have no objection if further proceedings before the trial Court are stayed. Ordered accordingly. Adjourned to 4.7.2012. Interim order to continue, meanwhile.” 7. It is not a matter of dispute that in pursuance of the indicated amicable settlement, the divorce petition for dissolution of marriage filed by the parties under section 13-B of the Hindu Marriage Act was allowed. Their marriage was dissolved by way of mutual consent by the Matrimonial Court, vide judgment and decree dated 21.5.2012 in Hindu Marriage Act case No.161 dated 17.11.2011 titled as “Nitin Suri Vs. Aarsh Suri alias Aarshdeep Kaur”. It has been clearly mentioned in the divorce decree that husband Nitin Suri has made the payment of Rs.7 lacs to Arsh Suri complainant towards her claim of dowry articles and permanent alimony. Admittedly, the divorce decree has attained the finality. 8. Aarsh Suri alias Aarshdeep Kaur”. It has been clearly mentioned in the divorce decree that husband Nitin Suri has made the payment of Rs.7 lacs to Arsh Suri complainant towards her claim of dowry articles and permanent alimony. Admittedly, the divorce decree has attained the finality. 8. In the light of aforesaid reasons, taking into consideration the totality of all facts and circumstances, emanating from the record, as discussed here-inabove and without commenting further anything on merits, lest it may prejudice the case of either side during the subsequent proceedings between the parties, the instant applications for anticipatory bail are hereby accepted. It is directed that in the event of their arrest, the petitioners shall be released on anticipatory bail on their furnishing bail and surety bonds in the sum of Rs.10,000/- each to the satisfaction of Arresting Officer, subject to the conditions that (i) they shall make themselves available for interrogation by the Investigating Agency as and when required; (ii) they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and (iii) they will not leave India without prior permission of the trial Court. 9. Needless to state that if the petitioners do not cooperate/join the investigation or violate any terms and conditions of the indicated settlement, then the State/complainant would be at liberty to move an application for cancellation of their anticipatory bail, in this relevant connection. ---------0.B.S.0------------