Dalip Suman v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 27.03.2025 DALIP SUMAN . . . Petitioner(s)

Versus

STATE OF PUNJAB AND ANOTHER . . . Respondent(s) CORAM: HON'BLE MS. JUSTICE KIRTI SINGH PRESENT: Mr. Z.S. Chauhan, Advocate and Ms. Shreya Bublani, Advocate for the petitioner.

Mr. R.S.Thind, DAG Punjab.

Ms. Anmol Thakur, Advocate for Mr. Sandeep Arora, Advocate for respondent No.2. **** KIRTI SINGH , J. (Oral) Apprehending arrest the petitioner has filed this petition under Section 482 of BNSS for grant of anticipatory bail in case bearing FIR No.102 dated 03.09.2024 under Sections 406 and 498-A IPC, registered at Police Station Women Cell, District Police Commissionerate, Jalandhar. 2.

In compliance with the order dated 17.02.2025 passed by this Court, a report dated 04.03.2025 has been received from the Mediation and Conciliation Centre of this Court, stating therein that the matter stands settled between the parties. It has been agreed between the parties that the petitioner will give Rs.5,00,000/-(Rupees Five Lacs Only) to respondent No.2 as full and final payment towards past, present and future alimony, and it also includes Istridhan as well, and that the petitioner has agreed to return one gold ring(gents) and one pair of fold tops to respondent No.2. The petitioner has agreed to pay the above said amount to the respondent No.2 in

- 2 - four installments, that from July, 2025 to April, 2026. Both the parties will file the petition for mutual divorce u/s 13B of HMA in the learned Family Court, Jalandhar in the first week of July, 2025. Both the parties have agreed to withdraw all the litigations present and pending between them before the respective courts after the second motion and they have further undertaken not to file any other case against each other or their family members qua the present matrimonial dispute.

3.

Learned counsel for the respondent No.2 does not dispute the factum of the compromise.

4.

In view of the above, the present petition is allowed. Order dated 24.01.2025 passed by this Court, is hereby made absolute. It is directed that in case in future the appellant is required to join the investigation process, then he shall join the investigation and cooperate fully with the investigation process. In the event of arrest, the petitioner shall be released on bail by the Arresting/Investigating Officer on his furnishing bail bonds/sureties to his satisfaction, subject to the conditions as provided under Section 438(2) BNSS.

6.

This order should not be treated as "blanket" order. It will not be read granting the petitioner 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. 7.

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.

8.

The accused/petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the

- 3 - case so as to dissuade him or her from disclosing such facts to the Court or to any police officer.

9.

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

10.

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

11.

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 (erstwhile Section 439(2) of the Code of Criminal Procedure, 1973) to arrest the accused, in the event of violation of any term, such as absconding, noncooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. Pending application(s), if any, also stands disposed of accordingly.

(KIRTI SINGH) JUDGE 27.03.2025 Kavita Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No