SANDEEP KUMAR Vs. STATE THR NCT OF DELHI

JUDGEMENT

(1.) Aggrieved by the order dated 05.02.2015 passed by learned Additional Sessions Judge 04, West, Tis Hazari Courts, Delhi, the petitioner has preferred the present petition under Section 438 of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr. P.C.), seeking anticipatory bail in case registered as FIR No. 823/2014 under Sections 498A/406/34 of IPC, Police Station Uttam Nagar, New Delhi.

(2.) The present case is registered at the instance of the complainant Poonam Mehra, wherein she has levelled allegation of dowry demand against the petitioner and his family members. The complainant married the petitioner on 30.11.2012 according to Sikh Rites and ceremonies and one daughter Baby Ekam was born out of this wedlock on 16.01.2014. Prior to the instant case, one complaint was filed at Police Station Naya Gaon Mohali against the petitioner and his parents but the same was compromised on 05.10.2013. As per the terms of the compromise dated 05.10.2013, the complainant had taken all her golden ornaments and valuable clothes and other articles. On 14.03.2014, the complainant left the company of petitioner with the infant child and thereafter the petitioner filed a case under Section 9 of Hindu Marriage Act, 1956 before the Hon'ble Court at Chandigarh in which the complainant appeared and she also filed a Crl. Writ Petition No.727/2014 seeking custody of the minor daughter. However, the said writ petition was dismissed as withdrawn on 12.05.2014. The complainant again filed a complaint in CAW Cell, Kirti Nagar, New Delhi against the petitioner and his entire family members and during investigation, complainant again entered into compromise with the petitioner and went with the petitioner to the matrimonial home on 21.05.2014. The Investigating Officer in CAW Cell directed the petitioner alongwith complainant to appear before the Investigating Officer on 16.06.2014 for knowing that both are living together peacefully. When the petitioner reached there, he saw that the mother of complainant was there and she started quarrelling with the petitioner and ordered the complainant not to go back again with the petitioner.

(3.) After registration of the present FIR, the petitioner filed an application under Section 438 of Cr. P.C. for anticipatory bail in which the petitioner was granted interim protection and matter was referred to mediation cell on 03.11.2014 by the learned Additional Sessions Judge, Tis Hazari, which continued till 05.02.2015.