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High Court of Punjab and HaryanaCRM-M/19233/2024disposed of

Maninder Kumar v. State Of Haryana And Another

2024-05-30Ms. Justice Nidhi Gupta4 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 30.05.2024 Maninder Kumar .... Petitioner

Versus

State of Haryana and another .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Siddharth Pandit, Advocate for the petitioner. Mr. Aditya Pal Singla, AAG, Haryana.

Mr. Ashok K. Sharma (Bhana), Advocate for respondent No. 2-complainant.

NIDHI GUPTA, J. (ORAL) Vakalatnama filed on behalf of the petitioner is taken on record.

The petitioner has filed the present 1st petition under Section 438 Cr.P.C. seeking anticipatory bail in case FIR No. 0041 dated 21.03.2024 (Annexure P-1) registered under Sections 313, 323, 34, 354A, 406, 498-A and 506 IPC at Women Police Station, Jind, Haryana. On 22.04.2024, when this case was listed for hearing, following order was passed by this Court:- "Prayer in this petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No. 0041 dated 21.03.2024, under Sections 313, 323, 34, 354-A, 406, 498-A and 506 IPC, registered at

-2Women Police Station, Jind, Haryana.

Learned counsel for the petitioner submits that the concession of anticipatory bail has been denied to the petitioner only on the ground that recovery of dowry/jewellery articles has not been effected from him so far despite a compromise having been arrived at between the parties. Learned counsel further submits that the petitioner is very desirous of settling the matter with the complainant and prays that the matter may be referred to the Mediation and Conciliation Center of this Court.

Notice of motion.

On request of learned counsel for the petitioner, the matter is referred to the Mediation and Conciliation Center of this Court and the parties are directed to appear before the Mediator on 30.04.2024.

Adjourned to 30.05.2024 for awaiting the report of the Mediator.

Meanwhile, no coercive action shall be taken against the petitioner, till the next date of hearing." Pursuant thereto, report dated 13.05.2024, has been received from the Mediator to the effect that the matter has amicably been settled between the parties and the petitioner has handed over a demand draft No. 000575 dated 23.05.2024 amounting to Rs.1,00,000/- to learned counsel for respondent No. 2 in Court today, who undertakes to give the same to respondent No. 2 during the course of the day. However, a photocopy thereof, is retained on record. Office to tag the same at the appropriate place.

Learned counsel for respondent No. 2 submits that he has 'no objection', in case the present petition is disposed of and the order

-3dated 22.04.2024 is made absolute.

On instructions from PSI Sachin, learned State counsel intimates this Court that offences under Sections 313, 354-A and 34 IPC were deleted on 05.04.2024. He further informs that previously the petitioner has joined the investigation and is no longer required for further interrogation, at this stage.

In view of the above, the interim order dated 22.04.2024, passed by this Court directing no coercive action shall be taken against the petitioner, till the next date of hearing, is made absolute and in the event of his arrest, he shall be released on bail on his furnishing bail bonds to the satisfaction of SHO/Investigating Agency, subject to the following conditions as envisaged under Section 438(2) Cr.P.C.:- i) that the petitioner shall make himself available for interrogation before the Investigating Officer as and when required;

ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;

iii) that the petitioner shall not leave the country, without prior permission of the Court and shall surrender his passport, if any.

Needless to say that the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join the investigation and cooperate with the investigating agency in case he is required for the same in future as and when called upon to do so. In case at any given point of time hereinafter, it is felt by the

-4investigating agency that the petitioner is required for the investigation but is not cooperating, they will be at liberty to approach this Court for passing appropriate orders.

The petition stands disposed of.

30.05.2024 ( NIDHI GUPTA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No