IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

Cr.M.P(M) Nos. 2762 & 2763 of 2023 Decided on: 4th December, 2023 Cr.M.P(M) No. 2762 of 2023 Rama Sood .......Applicant Versus State of H.P. r ...Respondent Cr.M.P(M) No. 2763 of 2023 Vinod Kumar .......Applicant Versus State of H.P. ...Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?1 For the applicant(s): Mr. Ajay Kochhar, Senior Advocate assisted by Mr.

Anubhav Chopra, Advocate.

For the respondent: Mr. Tejasvi Sharma, Addl. A.G with Mr. H.S. Rawat, Addl. A.G and Ms. Leena Guleria, Dy. A.G assisted by ASI Chander Mohan, Women Police Station, Nahan, District Sirmaur, H.P.

1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.

Virender Singh, Judge (Oral)

The above noted applications are being disposed of by a common order, as, the applicants have filed both these applications, under Section 438 of the Code of Criminal Procedure (hereinafter referred to oas ‘Cr.PC’), apprehending their arrest in case FIR No. 17 of 2023, dated 26.10.2023, registered with Women Police Station Nahan, District Sirmaur, H.P., under Sections 498-A, 406 read with Section

34 of the Indian oPenal Code (hereinafter referred to as ‘IPC’).

2. CBy way of applications under Section 438 Cr.P.C., the applicants have sought indulgence of this Court to direct the Police/Investigating Officer to release them on bail, in the event of their arrest, in the above noted case.

3. According to the applicants, they both are senior citizens and their son was married with the complainant on

19.02.2017.

4. It is their further case that due to non- compatibility of the temperament of the son of the applicants, as well as, complainant, they both had started residing separately since 2020. According to the applicants, they have nothing to do with the offences, for which, they have been named as accused, in the present case.

5. Apart from this, number of undertakings have also been given on behalf of the applicants, for which, they are ready to abide by, in case, any direction is issued to the IO/police under Section 438 Cr.P.C.

6. On the basis of above faocts, they have prayed that relief sought for be granted to them.

7. On the basis of above stand, the police was directed to file the status report in this case. The police has submitted the ostatus report, disclosing therein, that on 26.10.2023C, complainant Surabhi Sood had filed a complaint before the police, in which, initially, parties were called for counseling, but, the said process could not succeed. Thereafter, the complainant has lodged the FIR, disclosing therein, the facts that the complainant is the legally wedded wife of accused Ashish Sood. The marriage between the complainant and accused Ashish Sood was solemnized on 19.02.2017, as per Hindu rites and customs at Ror Bhawan, Manimajra, Chandigarh (UT). Out of this wedlock, there is no issue born between the parties.

7.1. Accused Ashish Sood is a Web Designer professional and used to work in Chandigarh. When, the complainant had met accused Ashish Sood, she was working as Clinical psychologist (National Health Mission) since 2013 and is posted in Nahan, District Sirmaur. The complainant and accused Ashish Sood had initially made it clear that the complainant could not leave Nahan becau se of her job and had agreed to stay at a conveniento location which is not very far away from Nahan and would also suit accused Ashish Sood. The complainant had accordingly planned to stay in Mohali, Punjab. The complainant and accused Ashish Sood had stayed in oMohali, in a rented accommodation. The complainanCt used to visit accused Ashish Sood on week ends and gazetted holidays. The complainant also used to visit the matrimonial home at Village Dheera Palampur, District Kangra, HP.

7.2. As per the complainant, accused person No. 2 and 3 (applicants) used to taunt her on the inefficiency of the dowry. Accused Ashish Sood used to remain silent and did not stop his mother and f