Shiv Kumar And Another v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision : January 23, 2019 1.

Criminal Misc. No. M-34157 of 2018 (O&M) Shiv Kumar and another ....Petitioners versus State of Haryana ....Respondent 2.

Criminal Misc. No. M-38670 of 2018 (O&M) Naveen Yadav ....Petitioner versus State of Haryana ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. Naresh Kumar, Advocate, for the petitioners Petitioners in both the petitions in person Mr. Ripu Daman Singh, AAG, Haryana for the State Mr. Dinesh Kumar Jangra, Advocate, for the complainant Complainant-Ritu Yadav in person Fateh Deep Singh, J. (Oral) Since both the aforesaid petition have arisen from one and the

-2same FIR, the same are being disposed of by this common order. As per report of the Mediator dated 6.12.2018, the parties have effected a settlement/agreement in writing which is not disputed by the counsel for the two sides.

During the course of interaction with the parties, petitioners-Ist party and respondent-complainant 2nd party have accepted the fact that they have settled the dispute on 6.12.2018 and agreed to abide by the terms of settlement. In pursuance of this settlement documents numbering three detailed in the agreement of settlement have been handed over to the respondent-complainant which she has received today in the Court to her satisfaction. The wife has handed over a minor child named Ronan Yadav to petitioner-husband Naveen Yadav in fulfillment of this settlement. Petitioner-husband has made statement that they had already deposited a sum of Rs 2 lacs by way of demand draft in the name of Ritu Yadav and the said amount which is lying deposited in the Registry be ordered to be given to Ritu Yadav.

In the light of this statement of the husband-petitioner, Registry is directed to hand over this amount to Ritu Yadav-respondent as per rules on proper identification and which amount shall be adjusted out of the total amount of Rs 2,50,000/- which is agreed to be paid at the second motion of divorce proceedings.

In the light of the aforesaid, being pure matrimonial dispute, the interim bail granted to the petitioners vide orders dated 9.8.2018 and 6.9.2018 respectively are made absolute till submission of report under

-3Section 173 Cr.P.C. (challan). Thereafter, petitioners will be permitted to furnish regular bail bonds to the satisfaction of the trial Court. The petitioners shall abide by the conditions laid down in Section 438(2) Cr.P.C. It is claimed that passports of petitioners Naveen Yadav, Shiv Kumar Yadav and Kamlesh Yadav which are claimed to be lying with the Investigating Officer be handed over to them, if otherwise not required, as per rules.

With these observations, both the present petitions stand disposed off.

( Fateh Deep Singh ) January 23, 2019 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No