JATIN JAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No. 425 dated 17.09.2016 under Sections 498A, 406, 506 IPC registered at Police Station Sector 31, Faridabad.

(2.) It is submitted that the present FIR has been lodged due to temperamental differences between the petitioner and the complainant. Marriage between the petitioner and the complainant, it is contended, was in fact a love marriage with the consent of both the families. A simple marriage ceremony was performed. The complainant was afforded all love and affection in the matrimonial home. Allegations regarding ill-treatment, harassment and demand of dowry mentioned in the FIR are stated to be incorrect. It is further submitted that allegation in the FIR attracting the rigours of Section 377 IPC was not found to be made out and the petitioner is not being proceeded against for the said offence.

(3.) Learned counsel for the petitioner points out that marriage between the petitioner and the complainant was solemnised on 25.01.2015. The complainant left the matrimonial home of her own accord on 04. 07.2015. When she left the matrimonial home on 04.07.2015, she took all her articles alongwith. Reference is made to the photographs, Annexure P-12 to contend that the complainant left the matrimonial home alongwith her family members with her luggage. It is further contended that statements of the bank accounts of the complainant as well as of the joint account of the complainant and the petitioner's mother would reveal that no part of her salary or money was ever withdrawn for being spent in the matrimonial home. In the joint account as above, it is the petitioner's mother, who contributed about Rs.20,000/-. Salary of the complainant, it is submitted, used to remain intact and was not withdrawn. In regard to the allegations of physical abuse levelled in the FIR, it is submitted that there is no medical evidence on record to substantiate the same. Moreover, a petition under Section 13 of the Hindu Marriage Act, 1955 ('the Act' - for short) was filed by the petitioner in May, 2016 (Annexure P-3). It is thereafter that the present FIR has been registered on 17.09.2016. It is, thus, a counterblast to the divorce petition filed by the petitioner.