Adarsh Tiwari vs State Of Chhattisgarh

This application under Section 438 of the Code of Criminal Procedure has been filed by the accused/applicant for grant of anticipatory bail in connection with Crime No.49/2023 registered at Police Station Gaurela Pendra Marwahi for the offence punishable under Sections 498-A & 34 of IPC.

Prosecution case, in brief, is that marriage of the complainant was solemnized with the applicant on 12.02.2020 according to Hindu rites and rituals. The complainant is working as Assistant Grade-II in the Forest Department and the applicant is working as Sub Engineer in the Water Resources, Department of State Government. On 14.10.2022 the complainant made a written complaint before the Police Station Gaurela on the ground of cruelty made by the applicant/ husband and his family members. Thereafter, she again made a written complaint on 22.12.2022 in which she has made several serious allegations against husband and his family members alleging that after her marriage, her husband, mother-in-law and sister-in-law started harassing her mentally and physically for bringing less dowry. It is also alleged that the applicant was in illicit relationship with another woman and he was forcing her to give her nude pictures and videos and also committed unnatural sex with her. It was further alleged that on various occasions, the applicant forcefully took money from the complainant and her sister. It was further alleged that the husband threatened to commit suicide and falsely implicate the wife and her family members. Further, her mother-in-law and her husband used to taunt her as Tonhi and they also used black magic on her, and during her pregnancy, they forced her to do the household works. Thereafter, various disputes arose and since then, the complainant started to reside at her parental house. Prosecution case further goes to show that the applicant has sent a legal notice to the complainant on 06.10.2022 to reside with him along with their children. Thereafter, the complainant also filed her reply where she stated that she is also willing to restore her married life with him. However, the issue did not resolve and the complainant lodged FIR against the applicant, mother-in-law and her sister-in-law on 08.02.2023. Hence, this petition has been filed.

Learned counsel for the applicant submits that applicant has been roped in a false and fabricated case. There is a matrimonial dispute between the complainant and the applicant, however, the same has been exaggerated into a colorful complaint. Though the complainant at every stage has averred that she is ready and willing to reside with the applicant. Counsel also submits that the applicant is earning Rs.54,000/- per month and he is willing to maintain his two children, who are residing with the complainant. He submits that the complainant has deprived the applicant from the love and affection of his children, as they are bound to live separately without any sufficient cause.

On instructions, counsel also undertakes that the applicant is ready to pay Rs.7,500/- per month to each of the children without waiting for any court’s order for their proper upbringing. He further submits that the applicant is willing to settle their matrimonial problems through mediation proceedings. On the other hand, counsel for the complainant has also made inclination to participate in the said proceedings. Counsel for the applicant submits that considering all these aspects the applicant may be granted anticipatory bail.

Per contra, learned State counsel opposes the prayer for anticipatory bail.

Heard learned counsel for the parties and also perused the documents annexed with the bail petition carefully.

This Court deems it appropriate to take note an observation made in the matter of G.V. Rao Vs. L.H.V. Prasad (2000) 3 SCC 693, which reads thus:-

“12. There has been an outburst of matrimonial disputes in recent times. The marriage is a sacred ceremony, the main purpose of which is to enable the young couple to settle down in life and live peacefully. But little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in commission of heinous crimes in which elders of the family are also involved with the result that those who could have counselled and brought about rapprochement are rendered helpless on their being arrayed as accused in the criminal case. There are many other reasons which need not be mentioned here for not encouraging matrimonial litigation so that the parties may ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law where it takes years and years to conclude and in that process the parties lose their "young" days in chasing their "cases" in different courts.”

In Kahkashan Kausar Vs. State of Bihar (2022) 6 SCC 599 following was materially observed:-

“11. Before we delve into greater detail on the nature and content of allegations made, it becomes pertinent to mention that incorporation of section 498A of IPC was aimed at preventing cruelty committed upon a woman by her husband and her in- laws, by facilitating rapid state intervention. However, it is equally true, that in recent times, matrimonial litigation in the country has also increased significantly and there is a greater disaffection and friction surrounding the institution of marriage, now, more than ever. This has resulted in an increased tendency to employ provisions such as 498A IPC as instruments to settle personal scores against the husband and his relatives.

This Court in its judgment in Rajesh Sharma and Ors. Vs. State of U.P. & anr (2018) 10 SCC 472, has observed:-

“14. Section 498-A was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives against a wife particularly when such cruelty had potential to result in suicide or murder of a woman as mentioned in the statement of Objects and Reasons of the Act 46 of 1983. The expression 'cruelty' in Section 498A covers conduct which may drive the woman to commit suicide or cause grave injury (mental or physical) or danger to life or harassment with a view to coerce her to meet unlawful demand. [Explanation to Section 498A]. It is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment of married woman. We have already referred to some of the statistics from the Crime Records Bureau. This Court had earlier noticed the fact that most of such complaints are filed in the heat of the moment over trivial issues. Many of such complaints are not bona fide. At the time of filing of the complaint, implications and consequences are not visualized. At times such complaints lead to uncalled for harassment not only to the accused but also to the complainant. Uncalled for arrest may ruin the chances of settlement.”

Further in Preeti Gupta & Anr. Vs. State of Jharkhand & Anr (2010) 7 SCC 667 : (2010) 3 SCC (Cri) 473, it has also been observed:-

“32. It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment is also a matter of serious concern.

The learned members of the Bar have enormous social responsibility and obligation to ensure that the social fiber of family life is not ruined or demolished. They must ensure that exaggerated versions of small incidents should not be reflected in the criminal complaints. Majority of the complaints are filed either on their advice or with their concurrence. The learned members of the Bar who belong to a noble profession must maintain its noble traditions and should treat every complaint under section 498A as a basic human problem and must make serious endeavour to help the parties in arriving at an amicable resolution of that human problem. They must discharge their duties to the best of their abilities to ensure that social fiber, peace and tranquility of the society remains intact. The members of the Bar should also ensure that one complaint should not lead to multiple cases.

Unfortunately, at the time of filing of the complaint the implications and consequences are not properly visualized by the complainant that such complaint can lead to insurmountable harassment, agony and pain to the complainant, accused and his close relations.”

In the light of aforesaid principles and considering the submission made by counsel for the parties and also considering the nature of accusation, this Court is of the view that there is hope of an amicable settlement between the parties. In the reply sent by the complainant in the month of November, 2022 and even in the counseling proceedings, the complainant repeatedly made inclination to live with the present applicant in a peaceful manner and today also counsel for the applicant stated the same. Therefore, I am inclined to grant anticipatory bail to the applicant.

This Court further observes that at the time when the complainant/wife came to know about past relation of the husband, since then there was an outburst in their relationship and they started assassination of each other’s character. However, it is expected from the parties i.e. applicant and complainant that they may request before the concerned Family Court for referring the matter for mediation proceedings. In the said proceedings, they shall actively participate for resolving their issues in a peaceful and expeditious manner.

Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, on furnishing a personal bond in the sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail, on the following conditions:-

(a) he shall make himself available for interrogation by a police officer as and when required,

(b) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court or to any police officer,

(c) he shall not act in any manner which will be prejudicial to fair and expeditious trial,

(d) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial,

(e) he shall not involve herself in any offence of similar nature in future.

(f) If the mediation proceeding starts, the applicant/husband shall participate in the said proceedings without any default.