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High Court of Punjab and HaryanaCRM-M/20028/2017allowed

Harpreet Singh v. State Of Punjab And ANR

2018-02-01Mr. Justice Satpal2 pages

Crl. Misc. No. M-20028 of 2017 [ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No. M-20028 of 2017 Date of Decision : February 01, 2018 Harpreet Singh ....................................................Petitioner

Versus

State of Punjab and another ............................ Respondents CORAM : HON'BLE MRS. JUSTICE LISA GILL ...

Present:

Ms. Satwant Mehta, Advocate for the petitioner.

Ms. Seena Mand, DAG, Punjab.

Mr. Akshay Sandhir, Advocate for respondent No.2.

...

LISA GILL, J. (Oral) The petitioner seeks the concession of anticipatory bail in FIR No. 75 dated 26.12.2016 under Sections 406, 498-A IPC registered at Police Station Women, District Amritsar.

It is informed that the matter has been amicably resolved between the parties during the pendency of this petition. A petition under Section 13-B of the Hindu Marriage Act, 1955 has since been filed. Statements of the petitioner as well as respondent No.2 at first motion have since been recorded on 16.11.2017. Part of the settled amount has been handed over to respondent No.2 on the said date. The petitioner undertakes to abide by the terms and conditions of the settlement arrived at between the parties. Moreover, he has joined investigation. It is, thus, prayed that this petition be allowed.

Learned counsel for the State, on instructions from HC Avtar Rupinder Kaur 2018.02.03 10:39 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-20028 of 2017 [ 2 ] Singh, Police Station Women, District Amritsar, verifies that the petitioner has joined investigation and his custodial interrogation is not required. The petitioner is not reported to be involved in any other criminal case. Learned counsel for respondent No.2, on instructions from his client, who is present in Court, verifies and affirms the factum of settlement between the parties as well as filing of the petition under Section 13-B of the Hindu Marriage Act, 1955. It is stated that respondent No.2 has no objection in case this petition is allowed subject to the petitioner strictly adhering to the terms and conditions of the settlement.

Photocopies of the statements of the parties recorded at first motion in petition under Section 13-B of the Hindu Marriage Act, 1955 produced in Court today are taken on record subject to just exceptions. Keeping in view the facts and circumstances of the case but without expressing any opinion on the merits of the case, it is considered just and expedient to allow this petition. Consequently, order dated 01.06.2017 is made absolute.

None of the observations made here-in-above shall be construed to be a reflection on merits of the case and shall have no bearing on trial.

However, liberty is afforded to the complainant to file appropriate application in case the terms and conditions of settlement between the parties are not adhered to by the petitioner. ( LISA GILL ) 01.02.2018 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No Rupinder Kaur 2018.02.03 10:39 I attest to the accuracy and integrity of this document