MUMTAZ Vs. STATE GNCT OF DELHI

JUDGEMENT

(1.) THIS is a petition under Section 439(2) of the Code of Criminal Procedure, (hereinafter referred to as 'Cr.P.C.') read with Section 482 Cr.P.C. for cancellation of bail of respondent no. 2, Mustaqeem in case FIR No.180/2013 under Sections 498A/406/34 IPC read with Section 4 of the Dowry Prohibition Act registered at PS Welcome Colony, Delhi.

(2.) LEARNED counsel for the petitioner submits that the marriage between the petitioner/complainant and the respondent No.2 was solemnized on 09.04.2012. At the time of marriage, parents of petitioner spent a sum of about Rs.15 to 16 lakhs. The father of petitioner gave a cash of Rs.5,51,000/ - (Rupees Five Lakhs Fifty One Thousand) at the time of engagement, Rs.51,000/ - (Rupees Fifty One Thousand) at the time of Lal Khat ceremony and Rs.1.05 lakhs (Rupees One Lakhs Five thousand) at the time of Vidai Milai besides jewellery articles. The respondent No.2 moved an application seeking anticipatory bail which was dismissed by learned Additional Sessions Judge, Shahdara, Delhi vide order dated 29.05.2013. The second application seeking anticipatory bail was dismissed by learned Additional Sessions Judge, Shahdara, Delhi vide order dated 06.06.2013.

(3.) LEARNED counsel for respondent No.2 submits that respondent No.2 moved an application for return of dowry articles and jewellery as per list along with the FDR of Rs.5 lakhs (Rupees Five Lakhs). The said application came up for hearing before learned Metropolitan Magistrate, Mahila Courts, Shahdara, Delhi on 05.06.2013 but the petitioner/complainant refused to receive the same. The statement of petitioner was recorded by learned Metropolitan Magistrate, Delhi on