Anu Bansal v. State Of Punjab And Others

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-5.1.2022 Anu Bansal ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. G.P.S. Ghuman, Advocate for the petitioner. Mr. Harbir Sandhu, AAG, Punjab.

Mr. Bikramjit Aroura, Advocate for respondents No.4 to 6. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking issuance of directions for protection of her life and liberty as well as of other members of her family as she apprehends threat to the same at the hands of respondents No.4 to 6. 2.

Upon perusal of the petition and hearing the learned counsel for the parties, this Court finds that the dispute basically is in the nature of a monetary dispute amongst members of the same family, who were having joint business. When the matter was initially listed before this Court on 12.8.2021, a representation was made by learned counsel for the petitioner that there are chances of an amicable settlement. Consequently, the parties were referred to

( 2 ) the Mediation and Conciliation Center of this Court. However, none of the parties appeared before the Mediator on two dates as had been fixed before the Mediation and Conciliation Center. On 23.9.2021, Mr. Bikramjit Aroura, Advocate had put in appearance on behalf of respondents No.4 to 6 and had stated that his clients shall appear before Mediation and Conciliation Center of this Court on any date as may be directed. Consequently, the parties were directed to appear before the Mediation and Conciliation Center of this Court on 7.10.2021.

3.

As per report dated 9.12.2021, the petitioner did not attend the mediation proceedings.

4.

Learned counsel for the petitioner has submitted that the petitioner is still willing to work out some amicable settlement with respondents No.4 to 6. 5.

On the other hand, learned counsel representing respondents No.4 to 6 has strongly opposed the same on the ground that one FIR already stands lodged against the petitioner i.e. FIR No.253 dated 7.10.2021, Police Station Civil Line, Amritsar, under Sections 420, 467, 468, 471 and 120-B of Indian Penal Code and that under the garb of the mediation, the petitioner basically wishes to protect herself from her arrest.

6.

At this stage, learned counsel representing the petitioner has submitted that his client would be satisfied in case a direction is issued to the respondentauthorities to dispose off the representation dated 14.5.2021 (Annexure P-7) in accordance with law.

7.

Having heard the learned counsel for the parties and while noticing that no effective mediation could be conducted amongst the parties, the petition is

( 3 ) disposed off with a direction to respondent No.2-Comissioner of Police, Amritsar City, District Amritsar to get the representation dated 14.5.2021 (Annexure P-7) examined particularly as regards the alleged threat perception of the petitioner as well as other members of her family and to take necessary steps, if any, warranted under law under the circumstances. It is, however, made clear that the aforesaid order is not to be construed as any kind of protection in respect of FIR No.253 dated 7.10.2021. 5.1.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No