Jagdeep Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:14.12.2015 Jagdeep Singh ..... Petitioner versus State of Punjab ...... Respondent CORAM : HON'BLE MR. JUSTICE AJAY TEWARI *** Present :

Mr. S.S.Behl, Advocate for the petitioner.





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Mr.Mandeep K. Dhot,Advocate for the complainant. ****

1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?3. Whether the judgment should be reported in the Digest?

**** AJAY TEWARI, J. (Oral)

 

  

     

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Contends that the parties were married on 28.03.2010 and there is a girl child from the marriage. They are living separately since 10.08.2013. It is submitted that there are temperamental differences and the petitioner is willing to rehabilitate the complainant. Counsel for the petitioner further submits that during the process of investigation, recoveries were also effected vide Annexure P2. However, the benefit of anticipatory bail has been denied on the ground that three gold sets were yet to be recovered. He, however,submits that the observation made by the Addl.Sessions Judge are not justified regarding the gold items not having been recovered.

Notice of motion.

At this stage, Mr.Navjeet Singh, Advocate, has put in appearance on behalf of the complainant and files his power of attorney. He submits that the complainant is ready to go back to the matrimonial home.

Prima facie it is apparent that there is a chance of settlement. Accordingly, parties are directed to put in appearance before the Mediation & Conciliation Centre of this Court on 02.07.2015, to explore the possibilities of settlement.

List on 03.08.2015.

In the meantime, in the event of the arrest of the petitioner, he shall be released on interim bail by the arresting officer, subject to the conditions laid down in Section 438(2) Cr.P.C."



         
Learned counsel for the complainant seeks adjournment to have instructions from the complainant as to whether there are chances of amicable settlement. List on 15.09.2015.

Interim order to continue."





         
Before proceeding further in the matter, to test the bonafides of the petitioner, I direct him to make a fixed deposit of ` 1 lac in the name of minor Simar through the guardianship of her mother Talwinder Kaur and bring it on the next date of hearing.

Adjourned to 29.9.2015."





         

Today the petitioner is present and states that he is not in a position to make a fixed deposit in the name of his daughter for an amount of Rs.1.00 lac. He states that the Matrimonial Court has awarded maintenance @ Rs.6,000/- to the complainant and the child which amounts to Rs.66,000/- as on date and he will bring the same on the next date of hearing. He, however, states that he has not met the child for the last 3 years.

The complainant states that she has now no objection to the petitioner to meet the child and she will bring the minor Simar on the next date, so that the petitioner and child can meet.

Adjourned to 19.10.2015."

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In terms of the order dated 29.09.2015 learned counsel for the petitioner has handed over a sum of Rs. 66,000/- to learned counsel for the complainant. The complainant has also brought child Simar and states that they would have no objection in spending one hour with the petitioner in the premises of the high Court so that they can talk to each other. Adjourned to 02.11.2015."

Parties are directed to be present on the next date of hearing."

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The complainant is present in person. The petitioner is not present. Learned counsel for the petitioner states that he has not been able to contact the petitioner and probably he could not appear due to the circumstances beyond his control and prays for a short adjournment.

The complainant states that she has no objection but the petitioner should be directed to pay up-to-date arrears of maintenance on the next date.

Learned counsel for the petitioner undertakes that the petitioner would bring up-to-date arrears of maintenance on the next date.

To come up on 27.11.2015."



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          ( AJAY TEWARI ) December 14, 2015 JUDGE sunita