Criminal Misc. -M No. 10286 of 2011 (1) IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Date of decision : 30.11.2011 1. Criminal Misc. -M No. 10286 of 2011 (O&M) Ramesh Kumar Gupta .. Petitioner versus State of Punjab and another .. Respondents 2. Criminal Misc. -M No. 12438 of 2011 (O&M) Vishal Gupta .. Petitioner versus State of Punjab and another .. Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Harkesh Manuja, Advocate, for the petitioner in CRM -M No. 10286 of 2011. Mr. Kanwaljit Singh, Senior Advocate with Ms. Vidushi Gaur, Advocate, for the petitioner in CRM -M No. 12438 of 2011. Mr. B. B. S. Teji, Senior Deputy Advocate General, Punjab, for respondent no. 1. Mr. Atul Goyal, Advocate, for the complainant- respondent no.2. Rajesh Bindal, J. This order will dispose of the aforesaid petitions. The petitioner in CRM-M No. 10286 of 2011 is the father-in-law and petitioner in CRM -M No. 12438 of 2011 is the husband of the complainant. Prayer in both the petitions is for grant of pre-arrest bail to the petitioners in FIR No. 47 dated 16.2.2011, registered under Sections 406, 498-A IPC at Police Station A-Division, Amritsar. Criminal Misc. -M No. 10286 of 2011 (2) The FIR is the result of a matrimonial dispute between the petitioner Vishal Gupta and the complainant Deepti alias Kajal Gupta. Marriage between them was solemnized on 10.12.2005. Out of the wedlock, a daughter was born on 10.11.2006. The FIR was registered on 16.2.2011. The allegations in the FIR are regarding harassment on account demand of dowry and beating of complainant which allegedly resulted into miscarriage. The submissions of learned counsels for the petitioners were that ever since the marriage took place, the parties were living happily. The dispute arose only after the daughter of petitioner Ramesh Kumar Gupta (sister-in-law- nanad of the complainant) came to her parental home on account of a matrimonial dispute with her in-laws in August 2010. Even in the statement of the complainant recorded in proceedings initiated by the complainant under the Domestic Violence Act, she had admitted that till 2009, the relations were cordial. The allegations regarding beating and miscarriage as a result thereof were not found to be correct on enquiry as the doctor had opined that on account of certain emergency, the foetus had to be aborted to save the life of the complainant. It was further submitted that in fact on the date the complainant was taken to the doctor in the evening, the husband was not even present at Amritsar as he had gone to Himachal Pardesh on a business tour. The FIR is stated to be so intelligently drafted that there is no entrustment of any dowry articles or gift to the mother-in-law, though she was alive at the time when the marriage took place, however, did not mention about her when the FIR was registered, as she had expired after the marriage. It was further submitted that the husband was still ready and willing to bring the complainant to the matrimonial home. However, the complainant was not ready. It was further submitted that recovery of dowry articles has already been made. On the other hand, learned counsel for the State submitted that there are allegations against the petitioners regarding harassment on account of demand of dowry. The complainant was being harassed from the very beginning for not fulfilling their undue demand of dowry. Though the petitioners have joined the investigation but the recovery of all dowry Criminal Misc. -M No. 10286 of 2011 (3) articles is yet to be made. Regarding abortion, the submission was that on enquiry, the allegations were found to be incorrect. Learned counsel for the complainant submitted that from the very beginning, the police is conniving with the petitioners. Though recovery of some dowry articles has allegedly been made by the Investigating officer, however, the same was not in the presence of the complainant so as to enable her to identify the same. The recovered articles are also in possession of the Investigating officer. It is further submitted that the FIR gives detailed accounts of harassment of the complainant from the very beginning. The miscarriage was also on account of beatings given by the petitioners to the complainant. A civil suit was filed by the father-in-law of the complainant in November 2010 asking the complainant and her husband to shift to some other premises knowing well that she had aborted on 25.10.2010. False allegations regarding the complainant having illicit relations with his brother-in-law (husband of sister of the husband of the complainant) were levelled by her father-in-law. Considering the aforesaid facts, the petitioners do not deserve concession of pre-arrest bail. Heard learned counsel for the parties. It is a case arising out of a matrimonial dispute. Many a time’s small misunderstandings blow out of proportion just like making a mountain out of a molehill. Petitioner Vishal Gupta and the complainant Deepti alias Kajal Gupta are young. Their marriage was solemnized on 10.12.2005. There is a daughter born out of their wedlock, who is 5 years of age. At present, the parties are at loggerhead. The stand of the husband of the complainant is that he is ready and willing to take the complainant back to the matrimonial home whereas the complainant refused to accompany her. There are allegations and counter allegations. As on date, no final opinion can be expressed on the correctness of allegations and counter allegations. But the fact remains that it cannot be termed that the petitioners are criminals. Tolerance level of youngsters has gone very low whereas egos are rising like inflation. They fight on trifle issues. But still, in my opinion, good sense may prevail on the parties in times to come considering the future of their daughter as the parties are responsible to Criminal Misc. -M No. 10286 of 2011 (4) bring her in this world. She is not at fault. They have to be blamed in case she is not brought up properly in life. Children are bridge between the parents. Sending the petitioners to jail at this stage may result in reaching to a point of no return. Still there is hope as the time is a great healer. The parties should again sit together under the umbrella of elders or a common mediator on which both the parties have faith to resolve their differences, especially keeping in mind the future of the child. Either of the parties should take delivery of the dowry articles lying in custody of police so that those are taken care of properly. However, the court below shall decide such a prayer of either of the parties after notice to the other party. Considering the aforesaid facts, in my opinion, the interim bail granted to the petitioners deserves to be made absolute subject to their complying with the provisions of Section 438 (2) Cr.P.C. Ordered accordingly. The petitions are disposed of accordingly. 30.11.2011 ( Rajesh Bindal ) vs Judge