Please Log in / Register to access the full text of this judgment and the entire database
(2021) Law Today Live Doc. Id. 16357
Decided on: 30.06.2021
Present:
Mr. Varun Katyal, Advocate for the petitioners.
Mr. Amit Kumar Goyal, APP UT, Chandigarh.
(through video conferencing)
Indian Penal Code, 1860 (45 of 1860), Section 406, 498-A – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Dowry case -- Criminal breach of trust – Anticipatory bail to parents-in-law -- Pursuant to order, passed by High Court, the petitioners have joined the investigation –Contended that certain dowry articles have yet not been returned by the petitioners -- A perusal of the FIR does not reveal that there is any allegation much less whisper against the petitioners of entrustment of any dowry article at the time of the marriage of their son to the complainant – In the circumstances, Court failed to comprehend as to which jewellery/gold ornaments are required to be recovered from the petitioners -- Petition allowed, interim order made absolute.
(Para 1-6)
***
MANJARI NEHRU KAUL, J. –
1. The present petition has been filed under Section 438 Cr.P.C., for grant of anticipatory bail to the petitioners in case FIR No.120 dated 19.09.2019 under Section 406, 498-A IPC 1860 registered at Police Station Women, Sector 17, Chandigarh.
2. Learned counsel for the petitioners states that pursuant to order dated 03.12.2019, passed by this Court, the petitioners, who are parents-in-law of the complainant, have joined the investigation.
3. This fact is not disputed by the counsel for the State as well. However, he on instructions from SI Balbir Singh, states that certain dowry articles have yet not been returned by the petitioners.
4. A perusal of the FIR in question does not reveal that there is any allegation much less whisper against the petitioners of entrustment of any dowry article at the time of the marriage of their son to the complainant.
5. In the circumstances, this Court fails to comprehend as to which jewellery/gold ornaments are required to be recovered from the petitioners.
6. Accordingly, the petition is allowed and interim order dated 03.12.2019, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.
Petition allowed.
********