High Court of Punjab and HaryanaCRM-M/20504/2018allowed

Anubhav Chopra v. State Of Punjab

2018-12-06Mr. Justice Jasgurpreet Singh Puri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-20504-2018 (O&M) Date of decision: 06.12.2018 Anubhav Chopra

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Arshdeep Singh Cheema, Advocate, for the petitioner.

Ms. Rajni Gupta, Sr. DAG, Punjab.

Ms. Anisha Batra, Advocate, for Ms. Shubreet Kaur, Advocate, for respondent No.2 **** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No. 39 dated 09.04.2018, under Sections 498-A and 406 IPC, registered at Police Station Women Cell, Ludhiana.

During the pendency of the petition, the matter was referred to the Mediation and Conciliation Centre of this Court where a settlement/ agreement has been arrived at between the parties which is dated 29.10.2018.

In terms of the said compromise, a divorce petition under Section 13-B of the Hindu Marriage Act has already been filed and the SATYAWAN 2018.12.14 17:32 I attest to the accuracy and integrity of this document

CRM-M-20504-2018 -2second motion is now listed for 21.05.2019. In view of the said development, without commenting on the merits of the case, the petition is allowed and order dated 15.05.2018 granting interim bail to the petitioner is made absolute subject to the conditions laid down in Section 438 Sub Section 2 Clauses (i)(ii) and (iii) of the Code of Criminal Procedure. There is a further stipulation that he will not leave the country without prior permission of the Court. Passport of the petitioner is already deposited with the Police Station. The passport to be released to the petitioner on culmination of proceedings under Section 13-B of the Hindu Marriage Act.

However, in the petition filed under Section 13-B of the Hindu Marriage Act, the parties herein are at liberty to move an application for waiving the mandatory period of six months in terms of the judgment rendered in Amardeep Singh vs. Harveen Kaur, (2017) 8 SCC 746 and on doing so, waiting for six months to be waived. Petition stands disposed of.

06.12.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

SATYAWAN 2018.12.14 17:32 I attest to the accuracy and integrity of this document