BAIL APPLN./627/2012 of SUSHMA GUGNANI Vs STATE OF NCT OF DELHI & ORS.

$-9 & 10

*IN THE HIGH COURT OF DELHI AT NEW DELHI

BAIL APPLN. 627/2012

SUSHMA GUGNANIPetitionerThrough: Mr. Raj Kamal, Adv.

versus

STATE OF NCT OF DELHI & ORSRespondentsThrough:Ms. FizaniHusain, APPwith SI Joginder Singh, P.S.Patel Nagar

AND

+BAIL APPLN. 716/2012

SOURABH GUGNANIThrough

Petitioner

: Mr. Raj Kamal, Adv.

versus

STATE OF NCT OF DELHI & ORS.RespondentsThrough:Ms.FizaniHusain,APPwith SI Joginder Singh, P.S.Patel Nagar

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAKORDER%03.09.2012

SushmaGugnaniis themotherof SourabhGugnani.Complainant is father of deceased.

As per the prosecution, Sourabh Gugnani and deceased were

engaged on M''' April, 2011 at Citi Banquet. At the time ofengagement,jewelry, split AC, microwaveoven, cash, clothesetc.weregiven. Marriagewas fixedfor 30"^ October,2011. GurudwaraHall was bookedon 26"" May, 2011. Thereafter,SourabhGugnaniand Sushma Gugnani startedpressurizingthe complainantto give asum of ^5 lacs and Honda City Car as pre-condition of marriage.When complainant showed his inability to meet these demands,Sourabh Gugnani broke the engagement. On 2"^ April, 2012complainantserveda legal notice on SourabhGugnaniaskinghimto return ^"10 lacs, which was spent by the complainant on theoccasion of engagementor to fix new date of marriage. Neitherthe amount was returned nor the date of marriage was fixed.Onaccount of this, deceased was constantly unhappy and used toremaintense. She committedsuicideon 25^''April,2012.

Learnedcounselforthepetitionersubmitsthattheengagement was called of not for dowry but since Sourabh and thedeceased were not temporarily comfortable.It was their mutualdecision to call of the engagement.He ftirther submits that theparties have settled their disputes before the Delhi High Court

Mediation and ConciliationCentre on 13'*^ August, 2012 and interms thereof Sourabh Gugnani has paid ^4 lacs to the complainantthrough two demand drafts, photocopies whereof have been placedon record.Complainant and petitioners have also exchangedgifts/articles, given to each other at the time of engagement.

Keeping in mind the totality of circumstances,it is orderedthat in case of arrest, petitioners be released on bail, subject to theirfurnishing personal bonds in the sum of ^"10,000/- (Rupees TenThousand Only) with one surety each in the like amount to thesatisfactionofInvestigatingOfficer/StationHouseOfficerconcerned.Petitionersshall,however,cooperateintheinvestigation and appear before the Investigating Officer as andwhen called upon to do so.

Applications are disposed of in the above terms. Dasti.

SEPTEMBER 03, 2012rb

A.krPATHAK,