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High Court of Punjab and HaryanaCRM-M/25707/2017allowed

Amanpreet Singh v. State Of Punjab

2018-02-14Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-25707 of 2017 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-25707 of 2017 (O&M) Date of Decision: 14.2.2018 Amanpreet Singh ......Petitioner

Versus

State of Punjab and another .....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. R.S.Cheema, Senior Advocate with Mr. R.K.Trikha, Advocate for the petitioner.

Mr. K.S.Aulakh, DAG, Punjab.

Mr. Satnam Chauhan, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J CRM-4324-2018 Application is allowed and Annexures P-4 to P-6 are taken on record.

CRM-M-25707-2017 Through the instant petition, the petitioner is seeking anticipatory bail in case FIR No. 0133 dated 24.6.2017, registered under Sections 498-A IPC, Police Station City Kharar, District SAS Nagar (Mohali).

Petitioner was granted interim bail on 18.12.2017. He has joined the investigation. It was a love marriage and differences arose within two months of the marriage. The matter was sent for mediation. Mediation Gurpreet Singh Bhatia 2018.02.14 16:04 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-25707 of 2017 (O&M) -2has failed. It has been informed that the draft which was handed over on 18.12.2017 did not bear the correct name. The complainant has not filed any application in this regard.

Learned senior counsel for the petitioner states that if there is any mistake in the draft, the same can returned and they can get a fresh draft prepared.

Learned senior counsel states that when the matter was before the counsellors all the articles had been returned to the complainant. The counsel also submits that the complaint was by the father and there were no allegations under Section 406 IPC.

The statement was given by the girl after three months of registration of the FIR where subsequently allegations of demand of dowry have been made. It is a matter which would be tested at the trial. Custodial interrogation of the petitioner is not necessary. Looking to the circumstances, but without commenting on the merits of the case, the petition is allowed and order dated 18.12.2017 granting interim bail to the petitioner is made absolute subject to the conditions laid down in Section 438 Sub Section 2 Clauses (i)(ii) and (iii) of the Code of Criminal Procedure.

(ANITA CHAUDHRY) JUDGE February 14, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2018.02.14 16:04 I attest to the accuracy and authenticity of this document chandigarh