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High Court of Punjab and HaryanaCRM-M/10878/2024allowed

Parmjit Singh Alias Paramjit Singh v. State Of Punjab And Another

2024-05-16Mr. Justice Sumeet Goel3 pages

1 207

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION: 16.05.2024 PARMJIT SINGH ALIAS PARAMJIT SINGH  .....PETITIONER VERSUS  STATE OF PUNJAB AND ANOTHER .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: - Mr. Manik Makkar, Advocate  for the petitioner.(through Video Conferencing) Mr. Anup Singh, AAG, Punjab.  Ms. Indu Verma, Advocate for complainant/respondent No.2.  ..... SUMEET GOEL, J (ORAL) 1.

This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR No. 338 dated 08.11.2023, registered for offences under Sections 498-A, 406 of the IPC, at Police Station City Rajpura, District Patiala.

2.

On 08.04.2024, the following order was passed:- Learned counsel for the petitioner as also learned counsel appearing for respondent No.2 are ad idem that there are chances of amicable settlement between the parties. A joint request has been made by the learned counsel for referring the matter to the Mediation and Conciliation Centre of this Court. Accordingly, the petitioner as also respondent No.2 are directed (through their learned counsel) to appear before the

2 Mediation and Conciliation Centre of this Court on 15.04.2024. Put up on 07.05.2024 along with the report of the Mediator. Keeping in view that the parties are making an earnest endeavour for settling the matter in an amicable way, the petitioner is directed to appear before the Investigating Officer on 11.04.2024 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section/438/2) of the Cr.P.C." 3.

Learned State counsel, on instructions from ASI Sarabjit Singh, has stated that pursuant to the order dated 08.04.2024, the petitioner has joined investigation and is not required for custodial interrogation except for effecting recovery of the dowry articles/istridhan in question. 4.

Learned counsel for the petitioner submitted that a mutual/amicable settlement has been arrived at between the petitioner and respondent No.2. This factum is ratified by learned counsel appearing for respondent No.2.

5.

In view of above, the present petition stands allowed and the interim order dated 08.04.2024 passed by this Court is made absolute, subject to the conditions as enumerated under Section 438(2) Cr.P.C. The petitioner is directed to submit his passport before the concerned Illaqa Magistrate within a period of one week from today. 6.

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

3 7.

Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 438(2) Cr.P.C., 1973 or upon showing any other sufficient cause.

8.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 9.

Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) 16.05.2024 JUDGE poonam  Whether speaking/reasoned Yes/No Whether reportable Yes/No