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High Court of Punjab and HaryanaCRM-M/507/2025allowed

Amritpal Lalka v. State Of Punjab And Another

2025-08-11Ms. Justice Kirti Singh3 pages

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (209) Date of Decision: 11.8.2025 Amritpal Lalka ......Petitioner

Versus

State of Punjab and another .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. S.K.Jain, Advocate for the petitioner.

Ms. Aakanksha Gupta, AAG, Punjab.

Mr. G.S.Verma, Advocate for respondent No. 2. **** KIRTI SINGH , J. (ORAL) 1.

Prayer in the present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), is for grant of anticipatory bail to the petitioner, in case FIR No. 245 dated 07.11.2024, under Sections 406, 498-A IPC, registered at Police Station City Phagwara, District Kapurthala.

2.

Vide order dated 10.1.2025, passed by this Court, the parties were directed to appear before the Mediation and Conciliation Centre of this Court to explore the possibility of amicable settlement. However, on 4.3.2025, a report dated 24.2.2025 was received from the Mediation and Conciliation Centre of this Court that the matter could not be settled between the parties. Therefore, vide order dated 04.3.2025, the petitioner was directed to join investigation. The said order is reproduced hereinafter:- "As per the mediation report, the matter could not be settled before the Mediation and Conciliation Centre.

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Learned counsel appearing for the petitioner submits that petitioner is ready to join investigation and return the dowry articles.

3.

List on 28.03.2025.

4.

In the meantime, the petitioner shall join investigation before the Investigating Agency/Officer. He shall abide by the following conditions as envisaged under Section 482(2) BNSS, 2023;- (1) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so.

(2) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts to the case so as to dissuade him from disclosing such facts to Court or to any police officer. (3) That the petitioner shall not leave India without prior permission of the Court.

Interim order to continue till the next date of hearing." 3.

Learned State counsel on instructions from ASI Paramjit Singh, submits that in compliance of order dated 04.3.2025, the petitioner has joined the investigation on 17.4.2025 and is not required for any further investigation.

4.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 04.3.2025 passed by this Court, is hereby made absolute.

5.

This order should not be treated as "blanket" order. It will not be read granting the petitioner(s) indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 6.

This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner.

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The accused-petitioner 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 or her from disclosing such facts to the Court or to any police officer.

8.

The accused-petitioner shall not leave India without prior permission of the Court.

9.

The accused-petitioner shall join the investigation as and when called by the police.

10.

It will be open to the police or the investigating agency to move to this Court for a direction under Section 483(3) of BNSS, 2023 (erstwhile Section 439(2) of Cr.P.C.) to arrest the accused-petitioner, in the event of violation of any term, such as absconding, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. 11.

Pending miscellaneous application(s), if any, also stands disposed of.

(KIRTI SINGH) JUDGE August 11, 2025 Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No