John Nanda v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-8184-2019 (O&M) Date of Decision:-20.8.2019 John Nanda ... Petitioner

Versus

State of Punjab ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL [ Present:- Mr. Karan Vir Nanda, Advocate for the petitioner. Ms. Aditi Girdhar, Assistant Advocate General, Haryana, assisted by ASI Jasdev Singh.

Mr. G.S. Verma, Advocate for the complainant. ***** GURVINDER SINGH GILL, J.(Oral) The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.25 dated 19.11.2018 at Police Station NRI Ludhiana under Sections 406 and 498-A of Indian Penal Code, wherein the complainant Ritika Nanda i.e. wife of the petitioner has levelled allegations to the effect that after her marriage, she and her husband went to America but later on she was sent back to India when she became pregnant and although she again went back to America on 26.9.2017 but was sent back to India on 6.8.2018. It is further alleged that the petitioner raised a demand of a car and used to harass her. The learned counsel for the petitioner has submitted that the parties have infact entered into a compromise and that pursuant to the said compromise, the complainant Ms. Ritika Nanda had also executed a special Pankaj Kakkar 2019.08.21 18:20 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-8184-2019 (O&M) power of attorney in favour of her father. The learned counsel, in this context, has also drawn the attention of this Court to the compromise deed placed on record as Annexure P-6.

Mr. G.S. Verma, Advocate, counsel for the complainant has not only endorsed the factum of compromise but has even gone to the extent of saying that subsequently better sense has prevailed amongst the parties and they are living together in America.

In view of the aforestated position, this Court is of the opinion that the facts of the case do not warrant custodial interrogation. The petition, as such, is accepted and the interim directions issued by this Court vide order dated 22.2.2019 are hereby made absolute subject to the condition that the petitioner shall join investigation as and 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. The present petition stands accepted accordingly. 20.8.2019 (Gurvinder Singh Gill) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2019.08.21 18:20 I attest to the accuracy and integrity of this document