“that the Applicant Is a Resident of Village Nalvi Ps Shahbad Markanda District Vs. State of Haryana and anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1155423
CourtPunjab and Haryana High Court
Decided OnJul-10-2014
Appellant“that the Applicant Is a Resident of Village Nalvi Ps Shahbad Markanda District
RespondentState of Haryana and anr.
Excerpt:
crm no.m-38535 of 2013 1 in the high court of punjab and haryana at chandigarh crm no.m-38535 of 2013 date of decision:-10.7.2014 mandeep badhwal ...petitioner versus state of haryana & anr. ...respondents coram: hon'ble mr.justice mehinder singh sullar present: mr.tarundeep kumar, advocate for the petitioner. mr.satyawan rathee, dag haryana for respondent no.1. mr.vivek goyal, advocate for respondent no.2. mehinder singh sullar, j.(oral) petitioner mandeep badhwal son of tarlochan badhwal, main accused and husband of complainant gurtinder kaur d/o amarjeet singh (for brevity “the complainant”.), has preferred the instant petition for the grant of concession of anticipatory bail, in a case registered against him along with his other co-accused, vide fir no.325 dated 4.10.2013, on accusation of having committed the offences punishable under sections 406, 498-a and 506 ipc by the police of police station shahabad, district kurukshetra.2. notice of the petition was issued to the respondents.3. after hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration over the entire matter, to my mind, there is no merit in the present petition in this context. arvind kumar sharma 2014.07.11 17:50 i attest to the accuracy and integrity of this document chandigarh crm no.m-38535 of 2013 2 4. the pith and substance of the prosecution case, as culled out from the fir, is as under:- “that the applicant is a resident of village nalvi ps shahbad markanda district kurukshetra.2. that the applicant got married on 19.10.2008 with accused no.1 mandeep badhwal as per sikh rites and ceremonies at chandan palace barara road shahbad markanda. the parents of the applicant had spent rs.15,00,000/.- in the marriage and had given sufficient dowry articles. the list of the same is attached herewith.3. that the above accused persons started taunting the applicant with in one week of the marriage for bringing less dowry and for not bringing a car in the marriage and started harassing the applicant for the demand of new swift car. that the applicant was not allowed to enter in the kitchen and to cook the food and the accused no.1 used to threaten the applicant by saying not to touch any thing lying in the house and if she will touch anything she will not be spared. the accused no.3 used to insult applicant by saying that she is from a poor family. the accused used to harass applicant for the demand of new car. the accused no.1 used to beat applicant after drinking liquor and whenever the accused no.4 to 7 visit the house they used to say that they had to bring a daughter-in-law and used to taunt her for bringing less dowry and also used to talk about the second marriage of accused no.1.4. that the accused used to give some toxic substance in the food of applicant which affected her health badly and due to which the applicant had miscarriage twice and the accused started taunting the applicant that she has not given a birth to any child till today and due to that the applicant has to face the taunts till date. that the accused no.1 spent an amount of rs.42,770/- and rs.37,913/- after withdrawing the same from the atm of the applicant. the cctv footage of the same can be called from the bank.5. that the accused along with the demand of new car, started calling her baanjh due to not giving the birth to any child and the accused started harassing the applicant in different ways. the applicant also told to her parents about the ill treatment given by the accused persons and told them that her in-laws are maltreating and beating her for the demand of a new car. the family members of the applicant tried to make them understand and asked them not to harass their girl/applicant for the demand of new car due to that all the accused got annoyed and threatened that if they want to settle the applicant in this house then the demand of new swift car has to be satisfied otherwise she will not be allowed to stay in the house. after the family members of the applicant left, the accused again started beating the applicant and threw her out of the house in november, 2009 and threatened that if she returned without car she will not be left alive. the applicant stayed in her parent's house for two months and the family members of the applicant called a panchayat where randeep kaur wife of sandeep singh and arvind kumar sharma 2014.07.11 17:50 i attest to the accuracy and integrity of this document chandigarh crm no.m-38535 of 2013 3 kuldeep singh son of surjeet singh, daljeet singh son of surjeet singh were present. the accused felt sorry in the panchayat and assured that they will not harass the applicant in the future and the applicant went back to her in-laws in feb 2010, but accused again started threatening her that your father has not won any fight by calling a panchayat, you have to live with us in the house as our servant and you will be so much harassed that you will leave our house. the applicant started living in sector 43, chandigarh with her husband where the applicant started working as computer medical transcription. whatever the applicant used to earn the accused no.1 used to snatch from her. the accused no.1 never give her any money for her personal expenses. the applicant was living her life in great difficulties. the applicant also came to know that accused mandeep badhwal has illicit relations with other girls also. he also used to talk with them in the night and used to stay away from the house. the accused in connivance with each other came on the shop of the applicant in chandigarh and started quarreling with the applicant and started quarreling with the applicant and started breaking the things in the shop and threatened that they have no relation with her you leave the chandigarh and go to your parents. the applicant told to her parents about the illegal act of accused persons where upon the family members of the applicant had gone to make the accused persons understand but they did not listen to the family members of the applicant and treated them in a bad way and thrown her out of the house after beating. the family members of the applicant brought her to their village nalvi on 15.06.2013 from the chandigarh house and since then she is living with her parents.6. about 10-12 days back the accused no.1 called applicant on her mobile no.94167-71088 from his mobile 78377-73700 and threatened that why she has not brought the swift car which was demanded and said that we had passed the time in panchayat so that we could file a case against you so that you could not take any action against us. the accused no.1 also said that i will marry the girl with whom i am having affair since long. the accused are still threatening that if any complaint or case is filed anywhere then they will not left alive. thus the accused persons have tortured the applicant form the demand of dowry, gave her beatings and made her lift difficult in the in- laws house and now they are threatening to finish their lives. therefore it is requested keeping in view the above facts a strict legal action be taken against the above accused persons, a case be registered and they be arrested and the dowry articles of the applicant be returned to her.”. 5. in the background of these allegations and in the wake of complaint of the complainant, the present criminal case was registered against the accused, by virtue of fir as depicted here-in-above. arvind kumar sharma 2014.07.11 17:50 i attest to the accuracy and integrity of this document chandigarh crm no.m-38535 of 2013 4 6. after hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration over the entire matter, to my mind, there is no merit in the instant petition in this context.7. ex-facie, the argument of learned counsel that since the petitioner-husband has been falsely implicated by his wife in the present case, so, he is entitled to the concession of anticipatory bail, lacks merit.8. as indicated here-in-above, very serious and direct allegations are assigned to the petitioner-husband in the complaint, which formed the basis of fir that he has repeatedly taunted, harassed, tortured, threatened and demanded a new swift car from the complainant. he was not satisfied with the dowry articles given at the time of marriage. the complainant was tortured and treated with cruelty in connection with and on account of demand of dowry articles by the petitioner in the manner indicated here-in- above.9. meaning thereby, very serious and direct allegations of torture and cruelty in connection with and on account of demand of dowry articles are assigned to the petitioner (husband). to me, in case, he is allowed the benefit of anticipatory bail, then, the police would be deprived from the recovery of dowry articles/case property and effective investigation. it would naturally adversely affect & weaken the case of the prosecution, which is not legally permissible.10. moreover, it is now well settled principle of law that the order of anticipatory bail cannot be allowed to circumvent normal procedure of arrest, recovery of case property from the main accused and investigation by the police. the court has also to see that the investigation is in the province arvind kumar sharma 2014.07.11 17:50 i attest to the accuracy and integrity of this document chandigarh crm no.m-38535 of 2013 5 of the police and an order of anticipatory bail should not operate as an in- road into the statutory investigational powers of the police, in exercising the judicial discretion in granting the anticipatory bail. sequelly, the court should not be unmindful of the difficulties likely to be faced by the investigating agency and the public interest likely to be affected thereby.11. there is yet another aspect of the matter, which can be viewed entirely from a different angle. during the course of preliminary hearing, the interim protection was granted to enable the petitioner to join the investigation and hand over the entire dowry articles. at this stage, the learned state counsel, on instructions from the investigating officer, has stated that the petitioner has neither cooperated with the investigation nor handed over the entire dowry articles. on the contrary, the matter was referred to mediation centre of this court for amicable settlement as prayed for. the petitioner still failed to amicably settle the dispute. moreover, he is evading his arrest from the date (4.10.2013) of registration of this case, on one pretext or the other, leaving the complainant in lurch, for the reasons best known to him.12. strange enough, neither the petitioner has amicably settled the matter nor resumed cohabitation nor cooperated with the investigation nor returned the entire dowry articles despite repeated opportunities. not only that, the petitioner is playing fraud with his wife, even he is not complying with the aforesaid directions of this court as well.13. thus, seen from any angle and taking into consideration the specific allegations of cruelty in connection with and on account of demand of dowry assigned to the petitioner-husband, who is the main accused in the case, to my mind, he is not at all entitled to the concession of pre-arrest bail arvind kumar sharma 2014.07.11 17:50 i attest to the accuracy and integrity of this document chandigarh crm no.m-38535 of 2013 6 in the obtaining circumstances of the case.14. in the light of aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of main case, as there is no merit, therefore, the instant petition for pre-arrest bail filed by petitioner-husband is hereby dismissed as such.15. needless to mention that nothing observed, here-in-above, would reflect, on the merits of the main case, in any manner, during the trial, as the same has been so recorded for a limited purpose of deciding the present petition for anticipatory bail. sd/- 10.7.2014 (mehinder singh sullar) as judge arvind kumar sharma 2014.07.11 17:50 i attest to the accuracy and integrity of this document chandigarh
Judgment:

CRM No.M-38535 of 2013 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-38535 of 2013 Date of Decision:-10.7.2014 Mandeep Badhwal ...Petitioner Versus State of Haryana & Anr. ...Respondents CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present: Mr.Tarundeep Kumar, Advocate for the petitioner. Mr.Satyawan Rathee, DAG Haryana for respondent No.1. Mr.Vivek Goyal, Advocate for respondent No.2. Mehinder Singh Sullar, J.

(Oral) Petitioner Mandeep Badhwal son of Tarlochan Badhwal, main accused and husband of complainant Gurtinder Kaur d/o Amarjeet Singh (for brevity “the complainant”.), has preferred the instant petition for the grant of concession of anticipatory bail, in a case registered against him along with his other co-accused, vide FIR No.325 dated 4.10.2013, on accusation of having committed the offences punishable under sections 406, 498-A and 506 IPC by the police of Police Station Shahabad, District Kurukshetra.

2. Notice of the petition was issued to the respondents.

3. After hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration over the entire matter, to my mind, there is no merit in the present petition in this context. Arvind Kumar Sharma 2014.07.11 17:50 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-38535 of 2013 2 4. The pith and substance of the prosecution case, as culled out from the FIR, is as under:- “That the applicant is a resident of village Nalvi PS Shahbad Markanda District Kurukshetra.

2. That the applicant got married on 19.10.2008 with accused no.1 Mandeep Badhwal as per Sikh rites and ceremonies at Chandan Palace Barara road Shahbad Markanda. The parents of the applicant had spent Rs.15,00,000/.- in the marriage and had given sufficient dowry articles. The list of the same is attached herewith.

3. That the above accused persons started taunting the applicant with in one week of the marriage for bringing less dowry and for not bringing a car in the marriage and started harassing the applicant for the demand of new Swift car. That the applicant was not allowed to enter in the kitchen and to cook the food and the accused no.1 used to threaten the applicant by saying not to touch any thing lying in the house and if she will touch anything she will not be spared. The accused No.3 used to insult applicant by saying that she is from a poor family. The accused used to harass applicant for the demand of new car. The accused No.1 used to beat applicant after drinking liquor and whenever the accused No.4 to 7 visit the house they used to say that they had to bring a daughter-in-law and used to taunt her for bringing less dowry and also used to talk about the second marriage of accused No.1.

4. That the accused used to give some toxic substance in the food of applicant which affected her health badly and due to which the applicant had miscarriage twice and the accused started taunting the applicant that she has not given a birth to any child till today and due to that the applicant has to face the taunts till date. That the accused No.1 spent an amount of Rs.42,770/- and Rs.37,913/- after withdrawing the same from the ATM of the applicant. The CCTV footage of the same can be called from the bank.

5. That the accused along with the demand of new car, started calling her Baanjh due to not giving the birth to any child and the accused started harassing the applicant in different ways. The applicant also told to her parents about the ill treatment given by the accused persons and told them that her in-laws are maltreating and beating her for the demand of a new car. The family members of the applicant tried to make them understand and asked them not to harass their girl/applicant for the demand of new car due to that all the accused got annoyed and threatened that if they want to settle the applicant in this house then the demand of new Swift car has to be satisfied otherwise she will not be allowed to stay in the house. After the family members of the applicant left, the accused again started beating the applicant and threw her out of the house in November, 2009 and threatened that if she returned without car she will not be left alive. The applicant stayed in her parent's house for two months and the family members of the applicant called a panchayat where Randeep Kaur wife of Sandeep Singh and Arvind Kumar Sharma 2014.07.11 17:50 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-38535 of 2013 3 Kuldeep Singh son of Surjeet Singh, Daljeet Singh son of Surjeet Singh were present. The accused felt sorry in the panchayat and assured that they will not harass the applicant in the future and the applicant went back to her in-laws in Feb 2010, but accused again started threatening her that your father has not won any fight by calling a panchayat, you have to live with us in the house as our servant and you will be so much harassed that you will leave our house. The applicant started living in Sector 43, Chandigarh with her husband where the applicant started working as computer medical transcription. Whatever the applicant used to earn the accused No.1 used to snatch from her. The accused No.1 never give her any money for her personal expenses. The applicant was living her life in great difficulties. The applicant also came to know that accused Mandeep Badhwal has illicit relations with other girls also. He also used to talk with them in the night and used to stay away from the house. The accused in connivance with each other came on the shop of the applicant in Chandigarh and started quarreling with the applicant and started quarreling with the applicant and started breaking the things in the shop and threatened that they have no relation with her you leave the Chandigarh and go to your parents. The applicant told to her parents about the illegal act of accused persons where upon the family members of the applicant had gone to make the accused persons understand but they did not listen to the family members of the applicant and treated them in a bad way and thrown her out of the house after beating. The family members of the applicant brought her to their village Nalvi on 15.06.2013 from the Chandigarh house and since then she is living with her parents.

6. About 10-12 days back the accused No.1 called applicant on her Mobile No.94167-71088 from his mobile 78377-73700 and threatened that why she has not brought the swift car which was demanded and said that we had passed the time in panchayat so that we could file a case against you so that you could not take any action against us. The accused No.1 also said that I will marry the girl with whom I am having affair since long. The accused are still threatening that if any complaint or case is filed anywhere then they will not left alive. Thus the accused persons have tortured the applicant form the demand of dowry, gave her beatings and made her lift difficult in the in- laws house and now they are threatening to finish their lives. Therefore it is requested keeping in view the above facts a strict legal action be taken against the above accused persons, a case be registered and they be arrested and the dowry articles of the applicant be returned to her.”. 5. In the background of these allegations and in the wake of complaint of the complainant, the present criminal case was registered against the accused, by virtue of FIR as depicted here-in-above. Arvind Kumar Sharma 2014.07.11 17:50 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-38535 of 2013 4 6. After hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration over the entire matter, to my mind, there is no merit in the instant petition in this context.

7. Ex-facie, the argument of learned counsel that since the petitioner-husband has been falsely implicated by his wife in the present case, so, he is entitled to the concession of anticipatory bail, lacks merit.

8. As indicated here-in-above, very serious and direct allegations are assigned to the petitioner-husband in the complaint, which formed the basis of FIR that he has repeatedly taunted, harassed, tortured, threatened and demanded a new Swift car from the complainant. He was not satisfied with the dowry articles given at the time of marriage. The complainant was tortured and treated with cruelty in connection with and on account of demand of dowry articles by the petitioner in the manner indicated here-in- above.

9. Meaning thereby, very serious and direct allegations of torture and cruelty in connection with and on account of demand of dowry articles are assigned to the petitioner (husband). To me, in case, he is allowed the benefit of anticipatory bail, then, the police would be deprived from the recovery of dowry articles/case property and effective investigation. It would naturally adversely affect & weaken the case of the prosecution, which is not legally permissible.

10. Moreover, it is now well settled principle of law that the order of anticipatory bail cannot be allowed to circumvent normal procedure of arrest, recovery of case property from the main accused and investigation by the police. The Court has also to see that the investigation is in the province Arvind Kumar Sharma 2014.07.11 17:50 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-38535 of 2013 5 of the police and an order of anticipatory bail should not operate as an in- road into the statutory investigational powers of the police, in exercising the judicial discretion in granting the anticipatory bail. Sequelly, the Court should not be unmindful of the difficulties likely to be faced by the investigating agency and the public interest likely to be affected thereby.

11. There is yet another aspect of the matter, which can be viewed entirely from a different angle. During the course of preliminary hearing, the interim protection was granted to enable the petitioner to join the investigation and hand over the entire dowry articles. At this stage, the learned State counsel, on instructions from the Investigating Officer, has stated that the petitioner has neither cooperated with the investigation nor handed over the entire dowry articles. On the contrary, the matter was referred to Mediation centre of this Court for amicable settlement as prayed for. The petitioner still failed to amicably settle the dispute. Moreover, he is evading his arrest from the date (4.10.2013) of registration of this case, on one pretext or the other, leaving the complainant in lurch, for the reasons best known to him.

12. Strange enough, neither the petitioner has amicably settled the matter nor resumed cohabitation nor cooperated with the investigation nor returned the entire dowry articles despite repeated opportunities. Not only that, the petitioner is playing fraud with his wife, even he is not complying with the aforesaid directions of this Court as well.

13. Thus, seen from any angle and taking into consideration the specific allegations of cruelty in connection with and on account of demand of dowry assigned to the petitioner-husband, who is the main accused in the case, to my mind, he is not at all entitled to the concession of pre-arrest bail Arvind Kumar Sharma 2014.07.11 17:50 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-38535 of 2013 6 in the obtaining circumstances of the case.

14. In the light of aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of main case, as there is no merit, therefore, the instant petition for pre-arrest bail filed by petitioner-husband is hereby dismissed as such.

15. Needless to mention that nothing observed, here-in-above, would reflect, on the merits of the main case, in any manner, during the trial, as the same has been so recorded for a limited purpose of deciding the present petition for anticipatory bail. Sd/- 10.7.2014 (Mehinder Singh Sullar) AS Judge Arvind Kumar Sharma 2014.07.11 17:50 I attest to the accuracy and integrity of this document Chandigarh