Baljinder Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-14611-2020 (O&M) Date of Decision:-5.10.2020 Baljinder Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. J.K. Singla, Advocate for the petitioner. Mr. Rana Harjasdeep Singh, DAG, Punjab, assisted by SI Jagdev Singh.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.16 dated 29.4.2020 at Police Station Women Cell, District Bathinda under Sections 498-A, 406 and 34 of Indian Penal Code.

2.

While issuing notice of motion, the following contentions made on behalf of the petitioner were recorded:

"It has further been submitted that in fact the matter had been compromised amongst the parties and it was decided that the parties would part ways and seek divorce by way of mutual consent. Learned counsel in this regard has drawn the attention of this Court to the said compromise (Annexures P-1 & P-2) and has further submitted that pursuant to the said compromise PANKAJ KAKKAR 2020.10.05 17:21 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-14611-2020 (O&M) the initial payment of `10 lakhs was made to the complainant vide cheque No.559251 (Anneuxre P-4) and the complainant had also received dowry articles but subsequently she resiled from compromise and had not come forward to file petition under Section 13-B of Hindu Marriage Act." 3.

The learned State counsel, upon instruction from SI Jagdev Singh, has informed that pursuant to interim directions issued by this Court on 10.6.2020, the petitioner has since joined investigation. The learned State counsel has further submitted that no recovery has, however, been effected in the present case.

4.

I have considered rival submissions addressed before this Court. 5.

Keeping in view the fact that the matter has basically arisen from some matrimonial discord amongst the parties and while noticing that the petitioner has since joined investigation, his custodial interrogation is not warranted. The petition, as such, is accepted and the interim directions issued by this Court vide order dated 10.6.2020 are hereby made absolute subject to the condition that the petitioner shall join investigation 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. 5.10.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2020.10.05 17:21 I attest to the accuracy and integrity of this document