A single judge bench of Delhi High Court held in open to dry the criminal connivance of the petitioner and his family, just because the daughter does not want to live with sol-in-law.
From Para 8,
Anil Kumar Talan Vs on State (Govt of NCT of Delhi) 12 Jul 2022
8. I have given considered thought to the contentions raised.
At the outset, it may be noticed that Abhishek Kumar S/o the complainant remained in custody on the basis of fabrication of incident of disappearance made by Komal Talan. The interim protection to Komal Talan in the aforesaid facts and circumstances has already been declined by this Court during the pendency of her application for anticipatory bail. So far as the present application is concerned, the petitioner’s connivance is supported by the fact that mobile number 9997066979 used by him was provided by Nizamuddin as disclosed during investigation.
At this stage, it cannot be ignored that Komal Talan was in touch with the family members during the aforesaid period and consequently Abhishek Kumar remained in custody. Also, the matter appears to have been highlighted in media on the basis of alleged suicide note, which the prosecution seeks to recover.
A bare perusal of aforesaid factual position reveals that to wreak vengeance for oblique motive, the incident of alleged suicide was fabricated. The same not only led to ignominy, adverse media coverage and misery to the family of complainant but also resulted in undue incarceration of Abhishek Kumar (husband of Komal Talan). The criminal proceedings were initiated as a gross abuse of the process of law. The implication and consequences of such conduct may not have been fully visualized by the petitioner at the aforesaid time but the uncalled for detention of Abhishek Kumar definitely ruined the chances of settlement. The law appears to have been used as a weapon than a shield by fabricating the incident of disappearance and suicide.
I am of the considered view that a serious view needs to be taken of such incidents to ensure that social fabric is not ruined by such fabrication of facts. If false implication by fabricated omnibus allegations against entire family in the course of matrimonial disputes and differences, is allowed, it may lead to further misuse of the process of law and assume serious proportions.
Considering the grave nature of allegations and the fact that criminal proceedings under Section 364 IPC were falsely initiated, in connivance, I do not find the case to be fit for grant of anticipatory bail to the petitioner.