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High Court of Punjab and HaryanaCRM-M/13349/2019allowed

Harmesh Singh @ Ramesh Singh v. State Of Punjab

2019-08-28Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-13349-2019 Date of decision:28.8.2019 HARMESH SINGH @ RAMESH SINGH ....Petitioner

Versus

STATE OF PUNJAB .....Respondent **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Hoshiar Singh, Advocate for the petitioner.

Mr. Kirat Singh Sidhu, DAG, Punjab.

Mr. Kuldip Singh, Advocate for the complainant.

**** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioner seeks grant of anticipatory bail in respect of FIR No.324 dated 19.12.2018 under Sections 376, 506 of the Indian Penal Code, Police Station Sidhwan Bet, Ludhiana (Rural). 2.

The FIR was registered at the instance of Mandeep Kaur aged 22 years wherein she has stated that she is studying in B.Ed. at L.L.R. Memorial College, Dhudike where the petitioner was also studying. It is alleged that during the days of examination, she and the petitioner studied together in one room till mid-night and thereafter she went to sleep when he allegedly established physical relations with her forcibly. 3.

Learned counsel for the petitioner has submitted that the parties have GAURAV SOROT 2019.08.28 17:29 I attest to the accuracy and integrity of this document

(2) CRM-M-13349-2019 amicably resolved their misunderstanding and compromised the matter and that in fact a petition for quashing of FIR on the basis of compromise has also been filed in this Court i.e. CRM-M-8465-2019. 3.

Learned counsel for the complainant has endorsed the fact that parties have compromised the matter.

4.

Learned State counsel has feigned ignorance about the compromise but has informed that investigation has been concluded and challan has been filed.

5.

Having regard to the facts and circumstances of the case and while noticing the fact that parties are stated to have compromised the matter and challan has already been presented, this Court does not find the present case to be such which would warrant any custodial interrogation. Accordingly the petition is accepted and the interim directions issued vide dated 11.4.2019 by this Court are hereby made absolute subject to the condition that the petitioner would appear before Investigating Officer as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

( GURVINDER SINGH GILL) 28.8.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.08.28 17:29 I attest to the accuracy and integrity of this document