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High Court of Punjab and HaryanaCRM-M/1529/2021allowed

Mohinder Singh And Another v. State Of Punjab

2023-03-17Mrs. Justice Amarjot Bhatti3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:- 17.03.2023 MOHINDER SINGH AND ANOTHER

...Petitioners

Vs.

STATE OF PUNJAB

...Respondent

CORAM:-HON'BLE MRS. JUSTICE AMARJOT BHATTI

Present:

Mr. Karnail Singh, Advocate for the petitioners.

Mr. M.S.Joshi, Addl. A.G. Punjab.

Mr. I.P.S. Kohli, Advocate for the complainant.

AMARJOT BHATTI, J. (Oral) The petitioners - Mohinder Singh and Amarjeet Kaur have filed this petition under Section 438 Cr.P.C. for grant of pre-arrest bail in FIR No. 76 dated 03.12.2020, under Sections 406, 498-A, 420 of IPC, registered at Police Station Block Majari, District SAS Nagar. As per the facts of the case, the complainant - Narinder Kaur filed a written complaint against her husband Simranpreet Singh and other members of the family alleging that she got married with Simranpreet Singh on 30.12.2018. The marriage was performed as per the desire of accused persons. She was being harassed on account of their demand for dowry. She placed on record the list of expenditure borne by her parents at the time of marriage. All her gold ornaments were in the possession of accused No. 2 to 4. The documents were in possession of accused No. 1

-2and her Passport was in possession of accused No. 2 and 3. The accused No. 1 stayed in India till 12.02.2019. She lived in the matrimonial home till 10.05.2019. Thereafter, she also reached New Zealand and stayed with her husband on Visitor Visa from 10.05.2019 till 30.12.2019. After few days, accused No. 3 and 4 started pressurizing accused No. 1 to demand Rs. 10 lacs from the complainant. She was ill treated in the matrimonial home on account of their demand. She was not given back her dowry articles. She was a qualified BDS doctor and her life has been spoiled. On the basis of complaint, inquiry was conducted and present FIR has been registered.

Learned counsel for both the petitioners argued that they were granted ad interim bail and they have already joined the investigation. The matter is settled before Mediation and Conciliation Centre. The settlement/agreement between the parties is also received. It is prayed that their anticipatory bail application may be allowed, as prayed for. Learned counsel representing the complainant confirmed the compromise.

Learned counsel representing the State confirmed that both the petitioners had joined investigation on 15.04.2022 and 16.04.2022 respectively.

I have considered the arguments and have gone through the record carefully. The matter has been settled between the parties with the intervention of Mediation and Conciliation Centre. Even otherwise, they have already joined the investigation. They are not required for any other purpose. Considering the aforesaid facts, the ad interim bail already granted in favour of the petitioners - Mohinder Singh and Amarjeet Kaur vide order dated 07.02.2022 stands confirmed, subject to the conditions as

-3enshrined under Section 438(2) Cr.P.C.

The petition is, accordingly, accepted.

17.03.2023 (AMARJOT BHATTI) lalit JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No