Munfaid v. Ut Of Chandigarh And ANR.

CRM No.M-3282 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 3282 of 2016(O&M) Date of Decision: November 7 , 2017.

Munfaid ...... PETITIONER (s)

Versus

Union Territory, Chandigarh and another ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Deepkaran Dalal, Advocate for the petitioner.

Mr. Rajiv Sharma, APP, U.T.

Mr. Gaurav Gupta, Advocate for the complainant/respondent No.2.

***** LISA GILL, J.

CRM No.34941 of 2017 Annexure A1 i.e., the terms and conditions of settlement dated 28.07.2017 arrived at between the parties is taken on record subject to just exceptions.

Misc. application is disposed of.

CRM No.M-3282 of 2016 Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.10 dated 23.10.2015 under Sections 406/498A IPC registered at Police Station Women, Sector 17, Chandigarh. It is submitted that during the pendency of this petition, the matter Omkar Singh 2017.11.08 12:41 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-3282 of 2016 -2has been amicably resolved between the parties. The terms and conditions of the settlement have been reduced into writing on 28.07.2017 (Annexure A1). The petitioner and respondent No.2 have decided to live separately. The entire settled amount of `3,80,000/- has been handed over to respondent No.2. Moreover, the petitioner has joined investigation. Therefore, it is prayed that this petition be allowed.

Learned counsel for respondent No.2 verifies the factum of settlement between the parties. It is affirmed that respondent No.2 has received the entire settled amount. It is submitted that respondent No.2, in this situation, has no objection in case this petition is allowed. Learned counsel for Union Territory, Chandigarh verifies that the petitioner has joined investigation and his custodial interrogation is not required. There are no allegations on behalf of the State that the petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts before the Court, if released on bail. Keeping in view the facts and circumstances as above but without commenting upon or expressing any opinion on the merits of the case, this petition is allowed. Consequently, order dated 01.02.2016 is made absolute. 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 ) November 7 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2017.11.08 12:41 I attest to the accuracy and authenticity of this document Chandigarh