KARAN MATHUR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The petitioner seeks anticipatory bail under Sec. 438 Crimial P.C. in Case FIR No. 450/2015 under Sections 323/377/506 Penal Code registered at Police Station Malviya Nagar. Status report/Additional Status report are on record.

(2.) I have heard the learned counsel for the parties including the counsel for the complainant and have examined the file.

(3.) The petitioner's counsel urged that false and concocted allegations have been levelled by the victim in her written complaint to humiliate the petitioner. No offence, as alleged in the complaint, has been made out; it is a marital discord. Soon after the marriage both the parties had gone to New Zealand for honeymoon; it lasted for twenty-one days; they returned to India on 1.2015. Despite all attempts to consummate the marriage, the petitioner could not do so. Victim's mother was apprised about it and her response was that she was aware of that perennial issue. On 1.2015, the complainant visited a gynaecologist; she advised her to meet a psychiatric and marriage councillor. The petitioner also visited the councillor. Counsel for the petitioner urged that on 27.02.2015 a settlement took place between the parties to return the various gifts. It was explicitly understood in their meetings on 27.02.2015 and 5.2015 that the marriage would be dissolved on amicable and mutual terms. On 18.02015, to save the marriage, the petitioner filed a petition for Restoration of Conjugal Rights before the Distt. Court at Lucknow.