Naresh Kumar v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (207) Date of Decision: 30.7.2025 Naresh Kumar ......Petitioner

Versus

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

Present:

Mr. Sunil Kumar Rohilla, Advocate for Mr. V.K.Sharma, Advocate for the petitioner.

Ms. Guramrit Kaur, DAG, Punjab.

Mr. R.K.Arya, 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. 0146 dated 19.11.2024, under Sections 85 and 316(2) of BNS, registered at Police Station Nakodar Sadar, Jalandhar, District Jalandhar Rural.

2.

Vide order dated 09.4.2025, the parties were directed to appear before the Mediation and Conciliation Centre at District Court Complex Jalandhar for exploring the possibility of amicable settlement to their dispute.

3.

As per the report dated 01.5.2025, received from the Chief Judicial Magistrate-cum-Secretary, District Legal Services Authority, Jalandhar, the matter has been amicably settled between the parties.

-24.

The terms of the said compromise/settlement arrived at between the parties on 30.4.2025 are reproduced hereinafter. "That the matter between the parties has been compromised today. Both the parties will file a petition u/s 13-B HMA and the first party i.e. Naresh Kumar is bound to pay Rs. 3,00,000/- (Three Lacs Rupees) to second party i.e. Seema Rani in lumpsum towards the maintenance of the second party. The amount shall be paid in two installments. The first installment of Rs.

1,50,000/- (One Lac fifty thousand) shall be paid by the first party to the second party after the filing of a petition u/s 13-B HMA on the first motion statement of both parties in the family court and the remaining amount shall be paid on the second motion statement in Section 13-B HMA or statement before the Illaqa/duty Magistrate after the filing of quashing proceedings. Both the parties are bound to withdraw their cases and also bound to make the statements according to this compromise. Both the parties have signed this compromise deed on this day the 30th of April 2025 in the Mediation Centre, Jalandhar after admitting the contents of the same as correct and have agreed to remain bound by the same."

5.

Vide order dated 24.3.2025, the petitioner was directed to join investigation. The said order is reproduced hereinafter:- "As per report of the Mediation and Conciliation Centre dated 06.03.2025, the matter could not be settled.

Adjourned to 09.04.2025.

In the meantime, the petitioner shall join investigation before the Investigating Agency/Officer. In the event of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer. He shall abide by the following conditions as envisaged under Section 482(2) BNSS:- i) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so.

-3ii) That the 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 from disclosing such facts to the court or to any police officer. iii) That the petitioner shall not leave India without prior permission of the Court."

6.

Learned State counsel on instructions from ASI Janak Raj submits that in compliance of order dated 24.3.2025, the petitioner has joined investigation on 26.3.2025 and is not required for any further investigation.

7.

Having considered the fact that the parties have amicably settled their dispute and the fact that the petitioner has joined investigation, the present petition is allowed. Order dated 24.3.2025 passed by this Court, is hereby made absolute.

8.

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. 9.

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.

10.

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.

11.

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

-412.

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

13.

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. 14.

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

(KIRTI SINGH) JUDGE July 30, 2025 Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No