KULDESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has approached this Court under Section 438 of the Code of Criminal Procedure (for short, 'Cr.P.C.') for grant of anticipatory bail in complaint case No.783-I dated 17.12.2009, under Sections 420, 467, 468, 471, 120-B of the Indian Penal Code, pending in the Court of learned Additional Chief Judicial Magistrate, Hisar.

(2.) THE learned counsel for the petitioner submits that the petitioner was married to one Ramdhari, resident of Village Kharkhara, Tehsil Meham, District Rohtak. After his death, she contracted married with respondent No.2. When she was not kept with dignity, she filed a petition under the Prevention of Women from Domestic Violence Act, 2005, against respondent No.2, before the competent Court at Hisar. It is further submitted that the petitioner did not enter into any agreement to sell with the respondent No.2. No amount as alleged in the complaint was received by the petitioner. On the other hand, the learned counsel for the complainant submits that the petitioner received the amount of Rs. 8.00 lacs through account-payee cheque. However, he has not been able to respond as to whether there was any agreement to sell or not.

(3.) KEEPING in view the disputed fact of relationship between the petitioner and respondent No.2; the fact that there is no agreement to sell on record; the FIR with regard to the same allegations stands cancelled; the present petition is allowed, and order dated 09.10.2012/06.11.2012, passed by this Court, is made absolute.