Aarti Sindhu Alias Sonia v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-9464-2025 (O&M) Date of decision: 01.05.2025 Aarti Sindhu @ Sonia ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. G.C. Shahpuri, Advocate for the petitioner. Mr. Vikas Bhardwaj, AAG, Haryana.

Mr. Sandeep Kumar, Advocate for Mr. Chander Kant Rana, Advocate for the complainant. HARPREET SINGH BRAR J. (Oral) 1.

This is second petition preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking anticipatory bail in FIR No.122 dated 06.02.2024 under Sections 420, 406, 120-B, 506 of the Indian Penal Code, 1860, registered at Police Station City Yamuna Nagar, District Yamuna Nagar. The 1st petition was dismissed on merits by this Court on 22.10.2024. 2.

On 19.02.2025, the following order was passed:- "XX XX XX XX Learned counsel for the petitioner, inter alia, contends that first petition i.e. CRM-M-25959-2024 was dismissed vide order dated 22.10.2024 (Annexure P-3). This second petition has been filed due to substantial change in the circumstances, as the parties have effected a compromise on 13.02.2025 (Annexure P-4) and the monetary dispute between the petitioner and the

complainant has been duly settled and entire settled amount has already been paid in terms of the compromise (Annexure P-4).

Notice of motion.

On asking of the Court, Mr. Vikas Bhardwaj, AAG, Haryana accepts notice on behalf of the respondent-State and Mr. Chander Kant Rana, Advocate appears on behalf of the complainant and files his Vakalatnama in the Court today, which is taken on record. Registry is directed to tag the same at the appropriate place of the case file. Learned counsel for the complainant submits that a compromise (Annexure P-4) has been effected between the parties on 13.02.2025 and as per terms and conditions of the said compromise, a petition seeking quashing of FIR (supra) on the basis of compromise is also being filed. Adjourned to 20.03.2025.

Keeping in view the ratio of law enunciated by the Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioner is directed to appear before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2)

of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973).

If the Arresting Officer does not permit the petitioner to join the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in accordance with law."

3.

Learned State counsel, at the very outset, informs the Court that the petitioner has joined the investigation and his custodial interrogation is not required.

4.

Learned counsel for the complainant affirms the fact that the complainant has received the entire amount, in question in terms of the compromise.

5.

In view of the statement of learned State counsel, order dated 19.02.2025 is hereby made absolute. The petitioner shall abide by the terms and conditions envisaged under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973). 6.

The petition stands disposed of.

(HARPREET SINGH BRAR) JUDGE 01.05.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No