Major Vikram Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision : 18.08.2023 Major Vikram Singh ... Petitioner(s)

Versus

State of Punjab and Anr.

... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Ms. Tanya Kanwar, Advocate for the petitioner. Mr. M.S. Tiwana, AAG Punjab.

Ms. Gauri Handa, Advocate for respondent No.2. ALKA SARIN, J. (ORAL) 1.

This is a petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.12 dated 28.12.2022 under Sections 406, 498-A of the Indian Penal Code, 1860 registered at Police Station Women Cell, SAS Nagar, Punjab. 2.

On 13.07.2023 the following order was passed : "On the oral request of learned counsel for the petitioner, the complainant is impleaded as respondent No.2 in the present petition. Mr. R.K. Handa, Advocate has put in appearance on behalf of the complainant/respondent No.2.

Learned counsel for the parties are ad idem, on

-2instructions from their respective parties, that the parties are willing to settle the matter and the petitioner would make payment of Rs.30,00,000/- towards full and final settlement of all claims of the complainant/respondent No.2 and that a short adjournment may be granted.

List on 18.07.2023.

Meanwhile, the petitioner is directed to join investigation as and when called for. In the event of arrest, the petitioner shall be admitted to interim bail on furnishing adequate surety and personal bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the terms and conditions as specified in Section 438(2) of the Code of Criminal Procedure, 1973.

Registry to make necessary correction in the memo of parties."

3.

Learned counsel for the petitioner would contend that pursuant to the said order, the petitioner has joined investigation and has fully cooperated. Learned counsel would further contend that the parties have since entered into a compromise and a petition under Section 13-B of the Hindu Marriage Act, 1955 has also been filed and the statements of first motion stand recorded and that part-payment as per the settlement has also been made to respondent No.2 herein.

4.

Learned counsel for respondent No.2 has reiterated that the parties have since compromised the matter and that she has no objection if the order dated 13.07.2023 is made absolute.

-34.

Learned counsel for the State, on instructions from HC Harjit Singh, has stated that the petitioner has since joined investigation and has fully cooperated and that he is no longer required for further custodial interrogation as of now.

5.

In view of the above, the order dated 13.07.2023 is made absolute. The petitioner shall, however, join investigation as and when called. The petitioner shall also abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973. 6.

Disposed off accordingly. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 18.08.2023 Yogesh Sharma