Criminal Writ Petition No.375 of 2008. 1 In the High Court of Punjab & Haryana at Chandigarh. Criminal Writ Petition No.375 of 2008. Date of decision : 21.7.2008. Rohit Kapoor ..... Petitioner. vs. State of Punjab and others ..... Respondents. Coram: Hon'ble Mr. Justice Rajesh Bindal. Present: Mr. H.S. Dhindsa, Advocate, for the petitioner. Mr. Anter Singh Brar, Deputy Advocate General, Punjab, for respondents no.1 and 3. Mr. A.S. Gill, Advocate for Mr. Ashish Grover, Advocate, for respondent no.2. Mr.Rama Kant Jayswal, Advocate, for respondent no.3. Rajesh Bindal J. Reply filed on behalf of respondents no.1 and 3 is taken on record. The petitioner has approached this court seeking release of his wife Neha Kapoor @ Jiya and his minor child from the custody of respondent no. 4. Notice of motion was issued. Today respondent no. 4 along with wife of the petitioner, Mrs. Neha Kappor @ Jiya were present in court. Counter affidavit to the petition has also been placed on record by respondent no.4. On the asking of the court, Mrs. Neha Kappor @ Jiya stated that she does not wish to accompany the petitioner and wants to live with her mother only, for the reason that she was being harassed by the petitioner and his family members and on that account FIR was also got registered against the petitioner and his family members on 1.4.2008 under Sections 498-A, 323, 504, 506 IPC and Sections 3 and 4 of Dowry Prohibition Act, at Police Station Ashiyana, District Lucknow (UP). She also stated that the present petition was filed by the petitioner after receipt Criminal Writ Petition No.375 of 2008. 2 of a notice in a petition under Section 125 Cr.P.C. filed by Neha Kapoor @ Jiya before the Principal Judge, Family Court, Lucknow. Keeping in view the above factual matrix, the prayer made by the petitioner cannot be accepted. Accordingly, the petition is dismissed. However, the same shall be subject to payment of Rs. 5000/- as costs. The amount shall be paid by the petitioner to Neha Kapoor @ Jiya by way of demand draft payable at Lucknow within a period of 30 days from the date of receipt of certified copy of this order. A copy of demand draft shall be placed on record of the case. On failure to comply with the aforesaid order, the case be put up for further consideration. 21.7.2008 (Rajesh Bindal) vs. Judge