Vishesh Kumar v. State Of Chandigarh Ut

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-11902-2020 (O&M) Date of decision: 11.08.2020 Vishesh Kumar ... Petitioner Vs.

U.T. Chandigarh ... Respondent CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Anandeshwar Gautam, Advocate for the petitioner.

Mr. Gautam Dutt, APP, U.T. Chandigarh.

Mr. Kuldeep Singh Saini, Advocate for the complainant.

******* ARVIND SINGH SANGWAN, J. (ORAL) CRM-18958-2020 For the reasons stated in the application, same is allowed. Affidavit of the complainant and compromise are taken on record as Annexures C-1 and C-2 and exemption from filing certified copy of Annexure C-2 is granted. CRM stands disposed of.

Prayer in this petition is for grant of anticipatory bail in FIR No.25 dated 02.03.2020 under Sections 354, 376(C), 506 IPC and Section 6 of

-2POCSO Act, registered at Police Station Sarangpur, Chandigarh. While granting interim bail to the petitioner, following order was passed by this Court on 15.05.2020: - "... Learned counsel for the petitioner submits that it is in the background of the case that the petitioner is a tenant in the premises owned by nana of the victim, the present FIR has been registered. Moreover, after registration of the FIR, the matter has been amicably resolved between the parties.

Notice of motion.

Mr. Kuldeep Singh Saini, Advocate appearing on behalf of the complainant fairly admits that very compromise so entered between the parties.

Mr. Gautam Dutt appearing on behalf of U.T. Chandigarh submits that as per his instructions though the matter has been compromised between the parties, however, the victim in the case is a minor girl..."

Learned counsel for the petitioner submits that in pursuance of the aforesaid order, the petitioner has joined the investigation and is not required for any further investigation.

Learned counsel for U.T. Chandigarh, on instructions from the Investigating Officer, has not disputed the factual position and states that the petitioner is no more required for any further investigation. Learned counsel for the complainant has acknowledged that there is a compromise between the parties.

-3In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 15.05.2020 is made absolute subject to the conditions envisaged under Section 438 (2) Cr.P.C. [ ARVIND SINGH SANGWAN ] 11.08.2020 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No