Harpreet Singh Sethi v. State

Delhi High Court · 08 Dec 2022 · 2022:DHC:5633
Dinesh Kumar Sharma
BAIL APPLN. 3665/2022
2022:DHC:5633
criminal other

AI Summary

The Delhi High Court directed that in a matrimonial dispute case under Sections 498A and 306 IPC, arrest of the petitioner can only be effected after giving a 10-day notice if the petitioner cooperates with the investigation.

Full Text
Translation output
Neutral Citation Number is 2022/DHC/005633
BAIL APPLN. 3665/2022
HIGH COURT OF DELHI
BAIL APPLN. 3665/2022
HARPREET SINGH SETHI ..... Petitioner
Through: Ms. Priya Kumar, Ms. Mrinalini Sen, Mr. Tejas Chhabra, Mr. Shantanu Lakhotia and Mr. Arpit Sharma, Advs.
VERSUS
STATE ..... Respondent
Through: Mr. Raghuvinder Verma, APP for the State
Date of Decision: 8th December, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)
CRL.M.A. 25714/2022 (Exemption)
Exemption is allowed subject to all just exceptions.

1. This is an anticipatory bail application filed by the petitioner in case FIR No.432/2022 lodged at PS lajpat Nagar, under Sections 498A/406/34 IPC.

2. Learned counsel for the petitioner submits that it is a case of matrimonial discord which has taken place after around 22 years of VERMA Neutral Citation Number is 2022/DHC/005633 the marriage. Learned counsel submits that the petitioner is apprehending arrest as IO despite the fact that the petitioner is joining the investigation, making out the plea that through her notice dated 7th November, 2022 that the petitioner is not cooperating the investigation.

3. Learned APP for the State submits that as per instructions of the IO, who is present in the Court, though the petitioner is joining the investigation but he is not fully cooperating and not disclosing the fact truthfully.

4. The FIR in this case is under Section 498A/306/34 IPC. Apparently, this is a matrimonial dispute and the marriage had taken place in the year 1997.

5. Taking into the account and totality of facts and circumstances, in case, IO feels necessity of effecting the arrest of the accusedpetitioner, she will give a notice of 10 days to the accused-petitioner.

6. Learned counsel for the petitioner submits that in view of this direction, she does not wish to pursue the present application.

7. Accordingly, the application stands disposed of.

DINESH KUMAR SHARMA, J DECEMBER 8, 2022 VERMA