Harbans Singh Walia v. State Of Punjab And Another

CRM No.M-25776 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 25776 of 2017(O&M) Date of Decision: January 16 , 2018.

Harbans Singh Walia ...... PETITIONER (s)

Versus

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

Present:

Mr. Jagjot Singh Lalli, Advocate for the petitioner.

Ms. Seena Mand, DAG, Punjab.

Mr. Sarabjit Singh Khaira, Advocate for the complainant/respondent No.2.

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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.33 dated 24.06.2017 under Sections 406/498A IPC, registered at Police Station Women Cell, Jalandhar. It is submitted that during the pendency of this petition, the matter has been amicably resolved before the Mediation and Conciliation Centre of this Court. Settlement/agreement dated 14.11.2017 is at attached with this file. It is submitted by learned counsel for the petitioner that petition under Section 13B Omkar Singh 2018.01.17 09:40 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-25776 of 2017 -2of the Hindu Marriage Act, 1955 has since been filed and the first installment of the settled amount has been received by respondent No.2. Therefore, it is prayed that this petition be allowed.

Learned counsel for respondent No.2 affirms and verifies the factual position as above. It is submitted that respondent No.2 has no objection if this petition is allowed subject to the petitioner adhering strictly to the terms and conditions of the settlement arrived at between the parties. The petitioner as well as respondent No.2 undertake to abide by the terms and conditions of the settlement.

Keeping in view the facts and circumstances as above, specifically the settlement arrived at between the parties but without commenting upon or expressing any opinion on the merits of the case, this petition is allowed. In the event of arrest of the petitioner, he shall be released on bail to the satisfaction of the Arresting/Investigating Officer. Petitioner shall comply with the conditions stipulated in Section 438(2) Cr.P.C.

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 ) January 16 , 2018.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2018.01.17 09:40 I attest to the accuracy and authenticity of this document Chandigarh