Gaurav Sharma vs State Of Himachal Pradesh

Satyen Vaidya, J

Heard.

Petitioner is an accused in case FIR No. 115/2022, dated 12.10.2022, registered under Sections 498-A, 406 and 377 of IPC, at Police Station, Gagret, District Una, H.P.

The contents of petition as well as status report reveal that there existed a matrimonial dispute inter se husband and wife and as a result thereof the instant FIR came to be registered against the petitioner.

Petitioner was admitted to interim bail on 10.10.2022. Thereafter, he kept on joining the investigation as and when required. During intervening period, the parties also came forward with proposal to amicably resolve the dispute. The Court is informed that now, they have principally agreed to bring an end to all their litigation and dispute. Both husband and wife have taken a decision to permanently part ways by seeking Dissolution of Marriage under Section 13(b) of Hindu Marriage Act. They have also agreed that the FIR, out of which present petition has arisen, be quashed through process of law.

In view of the intervening circumstances, the apprehension, if any of the petitioner of his arrest in the instant FIR have become redundant. When the complainant herself has agreed to withdraw from the company of the petitioner and also has undertaken to get the FIR quashed, there will not be any reason for the police to further prosecute the case, especially, by seeking the arrest of the petitioner.

Keeping in view the entirety of facts and circumstances of the case, the instant petition is allowed and petitioner is ordered to be released on bail, in the event of his arrest in case FIR No. 115/2022, dated 12.10.2022, registered under Sections 498-A, 406 and 377 of IPC, at Police Station, Gagret, District Una, H.P., on his furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of learned trial court. This order shall, however, be subject to the following conditions:-

i) That the petitioner shall continue to join investigation as and when required.

ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police.

iii) That the petitioner shall not in any manner tamper with the prosecution evidence.

iv) That any indulgence of petitioner in criminal activities during the continuance of this order shall entail cancellation of the bail granted to the petitioner.

v) That the petitioner shall not leave India till conclusion of trial without permission of the learned trial Court.

Any expression of opinion herein - above shall have no bearing on the merits of the case and shall be deemed only for the purpose of disposal of this petition.