CRM M-5060 of 2014 [1].IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM M-5060 of 2014 Date of Decision: May 26, 2014 Sanjay Sharma …..Petitioner versus State of Haryana …..Respondent CORAM: HON’BLE Mr.JUSTICE M.M.S.BEDI.
-.- Present:- Mr.Gautam Dutt, Advocate for the petitioner.
Mr.Deepak Girhotra, AAG, Haryana.
Mr.Jasmer Singh, Advocate -.- M.M.S.BEDI, J.
(ORAL) Petitioner seeks the concession of pre-arrest bail in a case registered at the instance of his wife Anu Kumari alleging that she was married to the petitioner on November 9, 2012.
She was maltreated, abused, taunted and beaten up with repeated threats of divorce.
The matter was referred to Mediation Centre.
Counsel for the petitioner submits that on account of non- compatibility of petitioner with complainant, the offer was given by the Gupta Sanjay 2014.05.28 15:18 I attest to the accuracy and integrity of this document High Court Chandigarh CRM M-5060 of 2014 [2].petitioner to part company against a sum of Rs.5 lacs having been spent on marriage.
The complainant had demanded Rs.10 lacs to part company after handing over the dowry articles.
He has also argued that the complainant had been suffering from some hormonal disease for which she was asked to undergo tests but she intentionally did not agree to undergo the tests.
The petitioner claims to be a student of LL.M.in South Asia University, Delhi, staying in hostel.
Allegations have been levelled against the complainant that she had made an attempt to enter the house with his parents forcibly and on account of altercation, an FIR was registered by the complainant.
The complainant is present in the Court.
She has expressed her desire to stay with the petitioner but the petitioner present in the Court is not ready to accede to the said request.
I have heard learned counsel for the petitioner, counsel for the complainant and State counsel.
As per counsel for the State, jewellary articles, clothes and other items of istri dhan are yet to be recovered.
There are serious allegations of torture, cruelty and humiliation.
As per the allegations in FIR, immoral and indecent activities are alleged against the petitioner.
There are allegations of physical assault, demand of dowry and cruelty.
The objective of Section 498 A IPC would be defeated in case in the nature of present allegations concession of pre-arrest bail is granted to the petitioner.
Counsel for the petitioner submits that it is family of the petitioner which is suffering on account of the conduct of the complainant.
Gupta Sanjay 2014.05.28 15:18 I attest to the accuracy and integrity of this document High Court Chandigarh CRM M-5060 of 2014 [3].I have considered the said contention in context to provisions of Section 17 of the Protection of Women from Domestic Violence Act,2005, which entitles a married lady to right of residence.
The complainant appears to have been deprived of right to live with dignity in the matrimonial home.
Merely because the petitioner happens to be a law graduate and undergoing post-graduation is not sufficient enough to grant him concession of pre- arrest bail.
No extraordinary exceptional circumstances exist to grant the concession of pre-arrest bail to the petitioner.
Dismissed.
May 26, 2014 (M.M.S.BEDI) sanjay JUDGE Gupta Sanjay 2014.05.28 15:18 I attest to the accuracy and integrity of this document High Court Chandigarh