Shinderpal v. State Of Punjab

Crl. Misc. No. M-33938 of 2017 [ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No. M-33938 of 2017 Date of Decision : January 25, 2018 Shinderpal ........................................................Petitioner

Versus

State of Punjab .............................................. Respondent CORAM : HON'BLE MRS. JUSTICE LISA GILL ...

Present:

Mr. B.S.Cheema, Advocate for the petitioner.

Ms. Monika Jalota, DAG, Punjab.

Mr. Sukhmeet Singh, Advocate for Mr. J.S.Moudgil, Advocate for the complainant.

...

LISA GILL, J. (Oral) The petitioner seeks the concession of anticipatory bail in FIR No. 77 dated 05.08.2017 under Sections 498-A,323, 34 IPC registered at Police Station Longowal District Sangrur.

It is informed that the matter has been amicably resolved between the parties before the Mediation and Conciliation Centre of this Court on 13.11.2017.

Learned counsel for the petitioner submits that petition under Section 13-B of the Hindu Marriage Act, 1955 has been filed. First instalment of `05 lakhs has been handed over to the complainant. The petitioner undertakes to hand over the entire settled amount of `14,90,000/- as detailed in the settlement dated 13.11.2017. He also undertakes to abide Rupinder Kaur 2018.01.25 17:37 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-33938 of 2017 [ 2 ] by all the terms and conditions of the settlement. Moreover, the petitioner has joined investigation. Therefore, this petition be allowed. Learned counsel for the complainant verifies and affirms the factum of settlement between the parties as well as filing of the petition under Section 13-B of the Hindu Marriage Act, 1955. It is stated that the complainant has no objection in case this petition is allowed subject to the petitioner strictly adhering to the terms and conditions of the settlement. Learned counsel for the State, on instructions from HC Bikramjit Singh verifies the settlement between the parties. It is further verified that the petitioner has joined investigation. Keeping in view the facts and circumstances of the case but without expressing any opinion on the merits of the case, it is considered just and expedient to allow this petition.

Consequently, in the event of arrest of the petitioner, he be released on bail to the satisfaction of the Arresting/investigating Officer. The petitioner shall join investigation as and when called upon to do so. Petitioner shall comply with the conditions stipulated in Section 438 (2) Cr.P.C.

However, liberty is afforded to the complainant to file appropriate application in case the terms and conditions of settlement between the parties are not adhered to by the petitioner. ( LISA GILL ) 25.01.2018 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No Rupinder Kaur 2018.01.25 17:37 I attest to the accuracy and integrity of this document