Karan Kochar v. State Of Punjab

CRM No.M-3397 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No.M- 3397 of 2017(O&M) Date of Decision: July 26 , 2017.

Karan Kochar ...... PETITIONER (s)

Versus

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

Present:

Mr. Vaibhav Parashar, Advocate for the petitioner.

Ms. Monika Jalota, DAG, Punjab.

Mr. L.S.Lakhanpal, Advocate for the complainant.

*****

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.201 dated 08.11.2016 under Sections 406/498A IPC registered at Police Station Sadar Khanna, District Ludhiana. It is submitted that during the pendency of this petition, the parties have amicably resolved the entire dispute between them. The terms and conditions of the settlement have been reduced into writing on 18.07.2017. A photocopy of the said agreement, produced in Court today, is taken on record Omkar Singh 2017.07.28 10:11 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-3397 of 2017 [2] subject to just exceptions. It is informed that a petition under Section 13B of the Hindu Marriage Act, 1955 has been filed by the petitioner and the complainant. Statements of the parties at first motion have been recorded. It is thus prayed that this petition be allowed.

In view of the settlement arrived at between the parties, learned counsel for the complainant submits that his client has no objection if this petition is allowed subject to strict adherence to the terms and conditions of the agreement by the petitioner.

Learned counsel for the State, on instructions from ASI Amarjeet Singh, affirms that the petitioner has joined investigation, in the meanwhile. Keeping in view the facts and circumstances as above, especially the settlement arrived at between the parties but without commenting upon or expressing any opinion on the merits of the case, it is considered just and expedient to allow this petition.

In the event of arrest of the petitioner, he be released on bail to the satisfaction of Investigating Officer. He shall join investigation as may be required. Petitioner shall comply with the conditions stipulated in Section 438

(2) Cr.P.C.

Petition is allowed.

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 ) July 26 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2017.07.28 10:11 I attest to the accuracy and authenticity of this document Chandigarh