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High Court of Punjab and HaryanaCRM-M/1836/2015disposed of

Parveen Kumar v. State Of Haryana

2015-08-17Mr Justice Rakesh Kumar Jain3 pages

-1- In the High Court of Punjab and Haryana at Chandigarh Date of Decision: 17.08.2015.

Parveen Kumar .......Petitioner

Versus

State of Haryana ......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr. Diwan S. Adlakha, Advocate for the petitioner.

Ms. Mahima, AAG, Haryana.

Complainant in person with Mr. A.S.Manaise, Advocate.

**** SABINA, J.

Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in FIR No. 123 dated 5.6.2014 under Section 406, 498-A, 506, 34 of the Indian Penal Code, 1860, registered at Police Station Naraingarh, District Ambala.

While issuing notice of motion, following order was passed by this Court on 20.1.2015:- "Petitioner seeks concession of pre-arrest bail in a case registered at the instance of his wife Suman alleging that she had been maltreated by the petitioner and his family members. The matter is stated to be pending before the Mediation and Conciliation Centre of Punjab and Haryana High Court and petition for parents is pending for 16.2.2015.

-2Notice of motion to the Advocate General, Haryana, for 16.2.2015.

Meanwhile, an interim direction is issued that in case of arrest of the petitioner, he shall be released on interim bail to the satisfaction of the arresting officer. Petitioner is required to appear before the Mediation and Conciliation Centre of Punjab and Haryana High Court along with his parents."

Learned counsel for the petitioner has submitted that the parties have amicably settled their dispute. Photocopy of the compromise deed dated 7.8.2015 (original seen and returned) has been placed on record.

Clause 4 of the compromise deed dated 7.8.2015 reads as under:- "That Parveen Kumar of second party will pay the sum of Rs. 10 lac in three installments. First installment of Rs. 2.5 lac will be paid on 17.8.2015 i.e. the date fixed before the Hon'ble High Court in bail application of Parveen Kumar bearing CRM-M-1836 of 2015. Second installment of Rs. 3 lac will be paid at the time of filing of divorce petition under Section 13-B of HMA and third installment of Rs. 4.5 lac will be paid to the first party at the time of making final statement in divorce petition under Section 13-B of HMA."

As per the said clause, petitioner has paid ` 2.5 lacs in cash to complainant Suman Devi (who is present in person). Learned counsel for the petitioner has submitted that petitioner shall pay the remaining installments as per the

-3compromise effected between the parties.

Since the parties have amicably settled their dispute, the interim bail granted to the petitioner by this Court vide order dated 20.1.2015 is made absolute.

Petition stands disposed of accordingly.

(SABINA) JUDGE August 17, 2015 Gurpreet