Navdeep Singh Chandel v. State Of Punjab

CRM No.M-40187 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 40187 of 2016(O&M) Date of Decision: February 19 , 2018.

Navdeep Singh Chandel ...... PETITIONER (s)

Versus

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

Present:

Ms. Megha Chauhan, Advocate for Mr. Aman Bahri, Advocate for the petitioner.

Ms. Seena Mand, DAG, Punjab.

Mr. Sumer Singh Brar, Advocate for the complainant/respondent No.2.

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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.0034 dated 08.10.2016 under Sections 406/498A IPC, registered at Police Station Women, SAS Nagar. It is submitted that during the pendency of this petition, the matter has been amicably resolved between the parties before the Mediation and Conciliation Centre of this Court. The settlement/agreement dated 13.11.2017 is attached with this file. It is informed that petition under Section 13B of the Hindu Marriage Act, 1955 has been filed and a sum of `7,00,000/- has been handed over Omkar Singh 2018.02.19 17:41 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-40187 of 2016 -2to the complainant/respondent No.2 at the time of recording of statements of the parties at first motion in the said proceedings. The petitioner undertakes to abide by the terms and conditions of the settlement in letter and spirit. Moreover, the petitioner, it is submitted, has joined investigation. Therefore, it is prayed that this petition be allowed.

Learned counsel for respondent No.2 affirms the factum of settlement as well as filing of the petition under Section 13B of the Hindu Marriage Act, 1955 and receipt of a part of the settled amount. It is submitted that respondent No.2 has no objection in case this petition is allowed subject to the petitioner adhering strictly to the terms and conditions of the settlement. Learned counsel for the State, on instructions from ASI Satinder Singh, 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, specifically the settlement between the parties, but without commenting upon or expressing any opinion on the merits of the case, this petition is allowed. Consequently, order dated 10.11.2016 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 ) February 19 , 2018.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2018.02.19 17:41 I attest to the accuracy and authenticity of this document Chandigarh