Hemant Nanda v. State Of Punjab And ORS.

CRM No.M-39151 of 2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 39151 of 2015(O&M) Date of Decision: May 22 , 2018.

Hemant Nanda ...... PETITIONER (s)

Versus

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

Present:

Mr. K.S.Lakhanpal, Advocate for the petitioner.

Mr. D.S.Sukarchakia, DAG, Punjab.

Mr. Prateek Pandit, Advocate for respondents No.2 and 3 *****

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.75 dated 30.04.2015 under Sections 365/354 IPC, registered at Police Station Division No.5 Jalandhar, District Jalandhar. It is submitted that the abovesaid FIR was registered primarily due to a matrimonial dispute between the petitioner and his wife, respondent No.2. The matter has been amicably resolved between the petitioner and his wife. It is informed that the petitioner has agreed to accept the ex-parte decree of divorce granted in favour of respondent No.2. It is further agreed that custody of the Omkar Singh 2018.05.24 10:44 I attest to the accuracy and integrity of this document High Court, Chandigarh

CRM No.M-39151 of 2015 -2minor child would remain with respondent No.2. It is submitted two FDRs for a sum of `4,00,000/- and `6,00,000/- each in favour of the minor child of the parties have been handed over to respondent No.2. The petitioner, it is submitted, has joined investigation. Therefore, it is prayed that this petition be allowed. Photocopy of compromise dated 02.05.2018 arrived at between the petitioner and respondent No.2, filed in Court today, is taken on record subject to just exceptions.

Learned counsel for respondents No.2 and 3 affirms the factum of the settlement. It is submitted that respondents No.2 and 3 have no objection in case this petition is allowed.

Learned counsel for the State, on instructions from ASI Gulshan Kumar, verifies that the petitioner has joined investigation and is not involved in any other criminal case. There are no allegations on behalf of the State that the petitioner is likely to abscond, 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 20.11.2015 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 ) May 22 , 2018.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2018.05.24 10:44 I attest to the accuracy and integrity of this document High Court, Chandigarh