- (1.) PETITIONER Mohit Kaila son of Avinash Chand Kaila has preferred the instant petition for the grant of anticipatory bail in a case registered against him, by virtue of FIR No.100 dated 25.11.2013 (Annexure P3), on accusation of having committed the offences punishable under Sections 406 and 498 -A IPC by the police of Police Station Women Cell, Jalandhar, invoking the provisions of section 438 Cr.PC.
(2.) NOTICE of the petition was issued to the State.
(3.) AFTER hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration over the entire matter, to my mind, the present petition for anticipatory bail deserves to be accepted in this context. As is evident from the record that the marriage of Geetika, daughter of complainant Kailash Nath Chugh, was solemnized with the petitioner on 17.11.2010 according to Hindu rites and ceremonies. The marriage was stated to be a simple marriage. After few days of the marriage, the petitioner went to Germany, whereas Geetika went back to United Kingdom. According to the petitioner, thereafter, the complainant started undue interference in their matrimonial home. He moved a false complaint against the petitioner and his parents u/ss 406 and 498 -A IPC. The matter was thoroughly investigated and the police came to a definite conclusion that neither any cruelty has been committed by the petitioner nor there is any demand of dowry in India. The allegations contained in the first complaint were found to be false by the police, vide report dated 14.8.2013 (Annexure P4). Again, the complainant has filed the present case against the petitioner on the same very allegations. Not only that, the parties have already settled their matrimonial dispute in United Kingdom. Once the parties have settled in foreign country, no offence was committed in India and first complaint filed by the complainant was found to be false by the police, by means of report (Annexure P4), in that eventuality, the complainant appears to have filed the second complaint against the petitioner on the similar allegations, in order to wreak vengeance.;