Shabana Anjum v. The State of NCT of Delhi

1. These five applications have been filed under Section 438 of the Code of Criminal Procedure, 1973, seeking bail in the event of arrest in connection with FIR No.638/2021,dated 20.07.2021,registered at Police Station- Khyala,under Sections498A/34ofthe IndianPenal Code,186'0.

2. The FIR has been registered atthe instance ofthe respondent No.2- Ms. Khushnuma Malik ["Khushnuma"] who is the complainant. Khushnuma is married to one Mohd. Aarif["Aarif']. Aarifs mother is the applicant in Bail Appl. No. 1079/2022. The other bail applications have been filed by other members of Aarifs family, being his brother [Mohd Asif], sister [Shabana Anjum], father [Mohd. Maksood Tanwar] and maternal uncle[Shokeen Khan]respectively. BAIL APPLN. 1079/2022 & connected matters. Page 2of[6]

3. The FIR reveals that Khushnuma was married to Aarif on 12.11.2017, after whieh she moved to the matrimonial home in Faridabad,Haryana.It is stated that at the time ofmarriage,Khushnuma's father gave approximately ?25,00,000/- as dowry, including cash, jewellery, clothes, electronics and a ear. Despite this, Aarifs family was unsatisfied, and used to taunt and abuse her, demanding a further sum of ?10,00,000/- in cash and another vehicle. When Khushnuma expressed the inability of her family to satisfy these demands, she was physically and verbally abused by Aarifs family. It is also contended that Aarifis involved in an extra-marital affair with a former classmate of his, and upon Khushnuma's objecting to the affair, he has threatened her with divorce. She claims to have been thrown out ofthe matrimonial house on 27.10.2019. Since then,she is a resident at her parental home in Khayala, Delhi. Despite the best efforts of elders in the family and well wishers, she has not been taken back to the matrimonial home. She also claims that she and her family members have received threats from Aarifs family to withdraw her complaints.

4. Mr. Vivek Kadiyan, leamed counsel for the applicants, submits ® that Khushnuma has been living away from the matrimonial home since October, 2019, but the ITR was registered only in July, 2021. He states that there are no prior complaints of any nature by her against the applicants herein.

5. Ms. Meenakshi Dahiya, leamed Additional Public Prosecutor for the State, states that the investigation is almost complete, and the chargesheet is likely to be filed shortly. She submits upon instructions from Sub-lnspeetor Priyanka, PS Khyala, who is the Investigating BAIL APPLN. 1079/2022& connected matters. Page3oj[6] Officer ["10"] of the ease, and is present in Court, that the applicants have been eo-operating with the investigation and that their custodial interrogation is notrequired.

6. Khushnuma is also present in Court and is represented by Mr. Imran Khan,learned counsel. He submits that Khushnuma is interested in preserving her mamage and wishes to get back with her husband. He opposes to grant ofanticipatory bail to the applicants on the ground that they are threatening Khushnuma and her family.

7. Having heard learned eounsel for the parties,I am ofthe view that this is a fit case for the applicants to be admitted to bail in the event of arrest in conneetion with the subject FIR. Khushnuma was married to Aarif in November, 2017, and eohabited with him until Oetober, 2019. She has been residing in her parental home since then. The FIR was registered in July, 2021 and the investigation is now almost complete. Even aecording to Khushnuma,the first complaint lodged by her with the Crime Against Women Cell-Delhi Police was on 30.12.2020,but the FIR was registered much later, and there has also been a eonsiderable lapse of time sinee then. The 10 has not sought eustodial interrogation of^e applicants. In any event, Khushnuma is living separately fiom Aarifimd his family for more than two years now. Therefore,this does not seem to be a case where the arrest ofthe applicants is required in order to ensure that she remains protected from threats and harassment.

8. For the aforesaid reasons, the applications are allowed, and it is directed that the applieants be admitted to bail in the event of arrest in eonnection with FIR no. 638/2021,dated 20.07.2021,registered at Police Station Khyala, under Section 498A/34 ofIPC, subject to the following BAIL APPLN. 1079/2022& connected matters. Paged of[6] conditions: a. Each ofthe applicants shall furnish a personal bond in the sum of ?20,000/- with two sureties ofthe like amount, to the satisfaction ofthe SHO concerned. b. The applicants will continue to eo-operate with the investigation and will report to the 10 or the Police Station, as and when required. They will also appear before the Trial Court on each and every date ofhearing. c. The applicants will not contact the eomplainant, her family members or any other prosecution witnesses in any manner. They are further directed not to tamper with the evidence directly or indirectly. d. The applicants will remain residents at their respective addresses mentioned in the memo of parties. In the event of any change in their addresses,the lO/Trial Court will be informed ofthe same in advance. e. The applicants' mobile numbers will be given to the 10. The applicants will ensure that their mobile phones are operational and in working condition at all times.

9. At this stage, Mr. Kadiaan and Mr.Khan,both state that, although a prior attemptfor mediation before the Trial Court has failed,they would like to make a further attempt for mediation at Samadhan,the Delhi High Court Mediation and Conciliation Centre ["the Centre"], to resolve their disputes amicably. Aarif, however, is not a party to these proceedings. Mr. Kadiyan states, on instructions from the applicants, that all ofthem including Aarifare agreeable to mediation. BAIL APPLN. 1079/2022& connected matters. Page5of[6]

10. In the event, Khushnuma and Mohd. Arif (and the applicants herein) are inclined to attempt a resolution of their disputes through mediation,they are at liberty to approach the Centre for this purpose. In such an eventuality, the Centre is requested to enter into the mediation proceedings,and fumish areport before the Trial Court within four weeks from the date of commencement of the proceedings. The conditions of bail mentioned above will not come in the way ofthe parties participating in the mediation proceedings, or the applicants' coming in contact with Khushnuma for this purpose, in accordance with the directions of the Mediator. ^'7

11. The bail applications are disposed ofin these terms.

12. A copy ofthis order also be given dasti. PRATEEKJALAN,J APRIL 7,2022 'Bp' Click here to checkcorrigendum, ifany BAIL APPLN. 1079/2022& connected matters. Page6of[6]