ORDER 1. Leave granted. 2. This appeal has been filed against the order of the Punjab and Haryana High Court dated 31.08.2017 by which the application for anticipatory bail has been rejected in case FIR No.79 dated 03.10.2015, registered under Sections 406 and 498-A of IPC. 3. The appellant is the husband of the complainant. There was allegation against the appellant that on 15.02.2015 a quarrel took place at the house of the appellant where he attacked complainant's father. It was further alleged that complainant was instructed by coaccused, father-in-law, to arrange Rs.25 lakhs for the purpose of buying a plot. A proceeding under Section 9 of the Hindu Marriage Act was also initiated by the appellant. There was certain talk of compromise on 11.08.2014. The allegations were also made against the appellant that he clicked certain nude photographs of the complainant which was denied by the appellant. The High Court in the proceeding has issued orders dated 25.10.2016 and 25.01.2017 where complainant's submission was noted that Swift Dzire car was lying in the custody of the police and out of 14 tolas of gold articles only 3 tolas of gold, which was given as gifts to the appellant by the complainant, was recovered. On 25.01.2017 father of the appellant handed over NOC and Form-28 to the Investigation Officer with regard to the car. High Court also directed for release of the car to the complainant. High Court after noticing the allegations regarding clicking of nude photographs, not transferring the vehicle in the name of the complainant and not returning the gold articles dismissed the anticipatory bail application. 4. Heard learned counsel for the parties. 5. Learned counsel for the appellant submitted that car was already handed over to the Investigation Officer along with the NOC and Form-28 but the complainant has not taken the custody of the car so far. With regard to jewelery he submitted that most of the jewelery has been returned but appellant is still ready to handover the jewelery, if anything is still to be returned to the complainant. We further notice that we have directed for impleadement of the complainant and notice was issued to the complainant, although she has been served but has not put in appearance. 6.
We further notice that we have directed for impleadement of the complainant and notice was issued to the complainant, although she has been served but has not put in appearance. 6. In the facts of the present case, ends of justice will serve in setting aside the order dated 31.08.2017 and remitting the matter to the High Court for consideration of the application afresh taking into account the subsequent developments. The interim protection shall continue till the High Court takes a fresh decision on the application. 7. Accordingly, appeal is disposed of.