ANKIT GUPTA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This is a petition that has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No. 41 dated 25.2.2017 registered under Sections 406 and 498-A IPC at Police Station Gobindgarh Mandi, District Fategarh Sahib.

(2.) The present petition has been filed after a matrimonial dispute arose between the complainant, namely Eshani Gupta and the petitioner herein. The marriage between the parties had been solemnized on 18.7.2010, out of which wedlock a son was born on 19.3.2013. Unfortunately, the marriage has not stood test of time and the parties separated on 6.6.2016, leading to multifarious litigation initiated at the behest of both the parties. A petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights as well as a petition seeking for visitation rights was filed by the husband, while a complaint was filed on 25.2.2017, on the basis of which the instant FIR was registered, as well as a petition for divorce was filed by respondent No.2 wife on 29.4.2017.

(3.) Mr. R.S. Rai, learned Senior Counsel, assisted by Mr. Anurag Arora, appearing on behalf of the petitioner, submits that after the marriage was solemnized between the complainant and the petitioner on 18.7.2010, they went to Europe for their honeymoon and both were living a happy married life and out of this wedlock a male child was born. It is further submitted that the parties separated from each other on 6.6.2016 and before that not a single complaint had been instituted by the complainant against the petitioner. It is further argued that all allegations of beatings levelled against the petitioner are not supported by any medical evidence; nor did any such incident ever take place. Rather the photographs placed on record depict that they were living a happy life. It is submitted that the allegations of demand of dowry and the averments that a sum of Rs. 3.50 crores were spent on the marriage are false and not substantiated by any documentary evidence.