JUDGMENT :

Manisha Batra, J.

CRM-34009-23

The application stands dismissed as not pressed at this stage.

Main Case

1. The present petition has been filed under Section 438 Cr.P.C. seeking anticipatory bail by the petitioners in case arising out of FIR No.363, registered under Sections 313, 323, 354, 406, 498-A and 34 of IPC at Police Station Bahalgarh, District Sonipat.

2. Brief facts of the case relevant for the purpose of disposal of the present petition are that the aforementioned FIR was registered on 28.11.2022 on the basis of written complaint filed by the complainant Swati Ahuja alleging therein that her marriage was solemnized with the accused Rishabh Bhalla who is son of the present petitioner on 25.11.2020 at Sonepat, according to Hindu rites and ceremonies. Her parents had spent money beyond their capacity at the time of marriage and had given her sufficient dowry. However, her in-laws were not happy with the dowry articles given to her and just few days after the marriage, they started taunting her by saying that their son was earning handsome amount of money and also demanded a luxury car and one flat if she wanted to stay with them. When the complainant expressed the inability of her parents to meet with this demand, they started hurling abuses to her parents. She alleged that her in-laws retained the jewellery given by her parents to her. She was also made to leave her job on the pretext that since her husband would be taking her to Canada shortly, therefore, there was no need for her to do the same.

3. As per the further allegations, after her husband had left, her parents-in-law started misbehaving with her. The petitioner No.1 tried to outrage her modesty on 07.02.2021 under the influence of liquor. Her husband came back from Canada in March 2021 and on the instigation of his parents, he also started harassing her. Even her mobile phone was snatched. Her parents were compelled to bring her back to her parental house on 26.05.2021 due to the harassment given by the petitioners. However, on 05.06.2021, her husband had come to her parental house and by assuring to not to repeat the same behaviour again, she was brought back. She had conceived thereafter but suffered an abortion as she was extended beatings by her husband. All the members of her in-laws family had hatched conspiracy to get rid of her and when her husband went back to Canada on 28.11.2021 with the promise to call her to Canada, her parents-in-law had started misbehaving with her again thereby compelling her to come back to her parental house on 05.12.2021. She further alleged that the application which was got filed for her sponsorship for Canada had also been got cancelled without her consent by the petitioners on 22.04.2022. While alleging that her passport and jewellery were with her parents-in-law which they were not returning, she prayed for taking action against them. After registration of FIR, the investigation proceedings were initiated and are underway. The petitioners had moved application for grant of anticipatory bail before the Court of learned Additional District and Sessions Judge, Sonipat which had been dismissed vide order dated 14.03.2023.

4. The present petition has been filed by the petitioners who are parents-in-law of the complainant and it is argued by their counsel that they have been falsely implicated in this case. They are old aged persons. Their three children are staying and working in Canada and they were also staying there at the time of registration of FIR. They have refuted the allegations as levelled in the FIR by arguing that totally false allegations have been levelled against them. The allegation that the complainant made false allegations with regard to outraging her modesty by petitioner No.1 on 07.02.2021 are palpably wrong and stand falsified on the basis of Whatsapp Chat record which had taken place between the complainant and her husband during the period from 07.02.2021 till 14.02.2021. Self-contradictory allega