Cr.Misc. M 34860 OF 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Cr.Misc. M 34860 OF 2010 Date of decision: 6.9.2011 Jaswant Singh petitioner vs State of Punjab respondent Present:- Mr. IPS Kohli, Advocate. Mr. Arshvinder Singh, Addl.A.G.Pb Mr. GPS Bal, Advocate. M.M.S.BEDI, J. The petitioner is husband of Kiran Bala. He seeks the concession of pre-arrest bail as the complainant Kiran Bala has levelled allegations against the petitioner and his family members that she has been maltreated and her dowry articles had been misappropriated by the petitioner and his family members. Learned counsel for the petitioner has contended that the petitioner has already joined the investigation and that the dowry articles have already been recovered. List of the articles recovered has been placed on record as Annexure p-5. He has submitted that during mediation proceedings the family members of the petitioner have appeared before the Mediator but the complainant has no intention to resume cohabitation with the petitioner. The remarks of the Mediator dated 15.12.2010 have been referred to, to substantiate the plea that the complainant had refused to attend the mediation proceedings on account of the intervention of the family members of the complainant. It has been further argued that no specific instance of cruelty has been mentioned in the FIR. There are vague allegations of demand of motor cycle. He has also submitted gold Cr.Misc. M 34860 OF 2010 2 articles, including the gold necklace given to the complainant are still with her. With the above submission the petitioner seeks the concession of pre-arrest bail. The matter being a matrimonial dispute was sent to Mediation and Conciliation Centre for enabling the parties to arrive at some amicable settlement but it has been reported that the Mediation proceedings have failed. In an attempt to amicably settle the dispute, the complainant was directed to appear in the Court. She, on account of the conduct of the petitioner, is not ready to resume cohabitation. In view of the peculiar situation, an offer was made that she should part company with the petitioner on receipt of some lumpsum amount. Though she agreed to the said proposal but on account of inadequate amount being paid, the parties could not arrive at any amicable arrangement. In the light of the said background, the matter has been considered again on merits. The petitioner is alleged to have repeatedly indulged in the act of beating the complainant and turning her out of the house. Fed up with the physical and mental cruelty on account of demand of dowry, the complainant was compelled to leave her matrimonial home. She at present is staying with her minor child in her parental house. She has alleged that her istri dhan has been misappropriated and has not been returned to her. Taking into consideration all the abovesaid circumstances, I do not find any extraordinary exceptional circumstances to grant the concession of pre-arrest bail to the petitioner. Dismissed. September 6 , 2011 (M.M.S.BEDI ) TSM JUDGE Cr.Misc. M 34860 OF 2010 3