“Not agreeing to Divorce/Quash of 498a by Husband” No Ground to cancel BAIL
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: 8th February 2011
Date of Order: February 21, 2011
+ Crl. MC No. 1912/2010
Ekta Gupta …Petitioner Versus
Manish Bhatnagar & Ors. …Respondents Counsels:
Mr. K.L. Rajora for petitioners.
Mr. Sunil Sharma, APP for State/respondent.
Mr. S. Chakroborty, Advocate
JUSTICE SHIV NARAYAN DHINGRA
1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest? ORDER
1. This application for cancellation of bail of the respondents has been preferred by the petitioner. The respondents are involved in a case under Section 498A/406/34 IPC.
2. It is apparent from the record that after registration of the FIR, the parties had entered into a compromise for obtaining divorce by mutual consent and also for quashing of the FIR. First a motion for divorce by mutual consent was to be filed and later on a petition for quashing of FIR was to be moved and then moving of Second Motion for divorce was to take place. However, after compromise, again differences and disputes arose between the parties. Neither the FIR was got quashed nor divorce by mutual consent materialized. Under this backdrop, the wife filed this application for cancellation of bail alleging that bail was granted to the respondent in view of compromise since respondent has backed out from compromise, his bail should be cancelled.
3. I consider that there is no valid ground to cancel the bail. The allegations that the husband was not agreeing for quashing of FIR and for divorce by mutual consent, cannot be a ground for denying bail. The cancellation of bail cannot be used as a tool to pressurize the husband or his family members. The petition is hereby dismissed.
February 21, 2011 SHIV NARAYAN DHINGRA, J rd
Crl. MC 1912/2010 Page 2 Of 2