Khushdeep Singh v. State Of Punjab

CRM-M No. 20881 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No. 20881 of 2017 DATE OF DECISION :- July 12, 2018 Khushdeep Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Rajbir Attri, Advocate for the petitioner. Ms. Samina Dhir, DAG, Punjab.

Ms. Aparna Singhal, Advocate for Mr. Avnish Mittal, Advocate for the complainant. *** The matter has been settled between the petitioner and his wifethe complainant, in terms of which a petition under Section 13B of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce by mutual consent is said to have been filed in the Court of competent jurisdiction at Sangrur and statements of the petitioners there are said to have been recorded and the next date of hearing is 19.11.2018 for recording their statements on 2nd motion.

Learned counsel for the complainant, on instructions from complainant, who is present in the Court states that she has received a sum of Rs. 3.50 lacs from the petitioner at the time of recording of statements in the Court on 1st motion. Though learned counsel for the complainant states Parvinder Singh 2018.07.13 14:31 I attest to the accuracy and integrity of this document Chandigarh

CRM-M No. 20881 of 2017 that she does not oppose the request for grant of pre arrest bail to the petitioner but she has expressed an apprehension that he may back out from the commitment to make statement in the Court of competent jurisdiction on 2nd motion in proceedings under Section 13B of the Hindu Marriage Act, 1955. That apprehension of complainant can certainly be taken care of. Learned State counsel on instructions from ASI Malkiat Singh states that in view of the compromise between parties the petitioner is not required by the police for further investigation. Therefore, the interim bail granted to the petitioner on 8.6.2017 is made absolute, subject to his fulfilling conditions under Section 438(2) Cr.P.C.

The petition stands allowed accordingly.

It is made clear that in case the petitioner does not appear in the Court of District Judge at Sangrur in proceedings under Section 13B of the Hindu Marriage Act between the spouses, the complainant would be at liberty to move an application in this Court for withdrawal of the concession.

(H.S. MADAAN) JUDGE July 12, 2018 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No Parvinder Singh 2018.07.13 14:31 I attest to the accuracy and integrity of this document Chandigarh