Asha Rani v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-3259-2022 (O&M) Date of Decision:- 14.3.2022 Asha Rani ... Petitioner

Versus

State of Punjab ... Respondent (II) CRM-M-4394-2022 (O&M) Bittu @ Rajesh Kumar and another ... Petitioners

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Harkaran Singh, Advocate, for the petitioner(s). Mr. M.S.Dullat, Addl. AG, Punjab.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

This order shall dispose of the above mentioned two petitions wherein petitioners Asha Rani, Bittu @ Rajesh Kumar and Himanshu @ Himanshu Gill, seek grant of anticipatory bail in a case registered

- 2 - vide FIR No. 0013 dated 14.01.2022, under Sections 336, 148 and 149 of the Indian Penal Code, 1860, besides Sections 25 and 27 of the Arms Act, 1959, registered at Police Station Model Town, District Hoshiarpur.

2.

At the time of issuance of notice of motion in CRM-M-3259-2022 the following order was passed on 28.1.2022:

"Heard through video conferencing.

The petitioner is seeking anticipatory bail in FIR No. 0013 dated 14.01.2022, under Sections 336, 148 and 149 of the Indian Penal Code, 1860, besides Sections 25 and 27 of the Arms Act, 1959, registered at Police Station Model Town, District Hoshiarpur. Learned counsel for the petitioner contends that the FIR is the outcome of an altercation between the petitioner and the complainant on account of road rage in which no injuries were caused to anyone. The petitioner is a 50 years old lady. At the suggestion of this Court, learned counsel for the petitioner contends that the petitioner is ready and willing to settle the matter through mediation.

Issue notice to the respondent.

At the asking of the Court, Mr. Dhruv Dayal, Senior DAG, Punjab, accepts notice on behalf of the respondent-State.

The petitioner and the complainant shall appear before the District Mediation and Conciliation Centre, Hoshiarpur, on 14.02.2022 at 10:00 a.m.

List on 14.03.2022.

- 3 - In the meantime, the petitioner is directed to appear before the investigating/arresting officer and join investigation.

In the event of her arrest, the investigating/arresting officer shall release the petitioner on ad interim bail subject to her/his satisfaction. The petitioner shall also abide by the conditions as envisaged under Section 438 (2) Cr.P.C." 3.

Even in the other case i.e. CRM-M-4394-2022, this Court while issuing notice of motion ordered for grant of interim bail to the petitioners while directing them to join investigation vide order dated 3.2.2022.

4.

Learned counsel for the petitioners has submitted that the matter has been amicably settled between the parties vide settlement dated 22.2.2022 before Mediation and Conciliation Centre, Hoshiarpur. It has further been submitted that pursuant to the said settlement, a petition for quashing of FIR on the basis of compromise i.e. CRM-M8827-2022 has already been filed in this Court. 5.

Learned State counsel has informed that pursuant to interim directions, the petitioners have joined investigation and are not required for any custodial interrogation.

6.

In view of the aforestated position wherein the matter is stated to have been amicably resolved amongst the parties, both the petitions are accepted and the interim directions issued by this Court vide order dated 28.1.2022 and 3.2.2022 are hereby made absolute subject to the condition that the petitioners shall join investigation as and

- 4 - when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

7.

A photocopy of this order be placed on the file of each connected case.

14.3.2022 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No