Baljinder Singh v. State Of Punjab

CRM No.M-22298 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 22298 of 2016(O&M) Date of Decision: February 22 , 2018.

Baljinder Singh ...... PETITIONER (s)

Versus

State of Punjab ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Amit Goyal, Advocate for Mr. Pratham Sethi, Advocate for the petitioner.

Ms. Seena Mand, DAG, Punjab.

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

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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? ***** LISA GILL, J.

Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.63 dated 19.05.2016 under Sections 406/498A IPC, registered at Police Station Women, District Ludhiana.

It is submitted that during the pendency of this petition, the matter has been amicably resolved between the parties. The terms and conditions of the settlement were reduced into writing on 20.12.2017, a copy whereof is on the record of this case. Learned counsel for the petitioner and the complainant inform that petition under Section 13B of the Hindu Marriage Act, 1955 has been filed, statements of the parties at first motion in the said proceedings have been recorded Omkar Singh 2018.02.23 11:45 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-22298 of 2016 -2and part of the settled amount has been received by the complainant in terms of the compromise. Learned counsel for the petitioner submits that the petitioner has joined investigation and he undertakes to abide by the terms and conditions of the settlement arrived at between the parties. It is thus prayed that this petition be allowed.

Learned counsel for the complainant submits that his client has no objection in case this petition is allowed subject to strict adherence to the terms and conditions of the settlement by the petitioner. Learned counsel for the State, on instructions from ASI Tarsem Singh, verifies that the petitioner has joined investigation and is not involved in any other criminal case. There are no allegations on behalf of the State that the petitioner is likely to abscond, if released on bail. Keeping in view the facts and circumstances as above but without commenting upon or expressing any opinion on the merits of the case, this petition is allowed. Consequently, order dated 08.07.2016 is made absolute. Liberty is afforded to the complainant to move an appropriate application in this case in case the terms and conditions of the settlement are not adhered to by the petitioner.

It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition. ( LISA GILL ) February 22 , 2018.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2018.02.23 11:45 I attest to the accuracy and authenticity of this document Chandigarh