Manjit Kaur And Another v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Date of decision : July 25, 2024 Manjit Kaur and another ....Petitioners

VERSUS

State of Punjab ....Respondent

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. Nikhil Chopra, Advcoate and Mr. Shubham, Advocate, for the petitioners Mr. Pardeep Bajaj, DAG, Punjab Mr. Aseem Sharma, Advocate, for the complainant KULDEEP TIWARI,J. (ORAL) 1.

On 26.2.2024, this Court had passed the hereinafter extracted order, upon the instant petition:- "1. Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioners seek grant of anticipatory bail, in case FIR No.177 dated 20.12.2023, under Sections 420, 120-B of the IPC, registered at P.S. Sirhind, District Fatehgarh Sahib.

2. Notice of motion.

3. Mr. Pardeep Bajaj, D.A.G., Punjab, accepts notice on behalf of respondent-State of Punjab.

4. List on 08.04.2024.

5. In the meantime, the petitioners are directed to

join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of their arrest, they shall be admitted to interim bail on their furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioners shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C."

2.

Today, the learned State counsel on instructions imparted to him by ASI Jaswinder Singh, submits that the petitioner has already joined the investigation and he is fully co-operating with the investigation process and he is not required for any further custodial interrogation.

3.

At this stage, learned counsel for the petitioners submits that the dispute which arose qua the property in question, has already been settled, with all concerned, and now the dispute is also settled with the present complainant, and in pursuance of the settlement, the petitioners had executed sale deed in favour of the complainant on 13.5.2024. He further submits that possession of most of the property in dispute, has already been handed over to the complainant, and only some portion, where residential building is constructed, is to be handed over to the complainant, and same would be handed over on or before 31.7.2024. He further assured this Court that in pursuance of the terms of the settlement, the

possession of the left out area would be delivered to the complainant on or before 31.7.2024. He finally submits that the petitioners are in the process of filing the quashing of the FIR (supra), on the basis of the compromise.

4.

In view of the above, the present petition is allowed and order dated 26.2.2024 is, hereby, made absolute subject to the condition that the petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

( KULDEEP TIWARI ) July 25, 2024 JUDGE 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No