High Court of Punjab and HaryanaCRM-M/437/2016allowed

Harsimran Kaur Chadha v. State Of Punjab And ANR

2017-03-15Mr. Justice Harinder Singh Sidhu2 pages

-1CRM-M-437-2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-437-2016 Date of Decision: 15.03.2017 Harsimran Kaur Chadha ... Petitioner

Versus

State of Punjab and another ... Respondents CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr. Akashdeep Singh, Advocate, for the petitioner.

Mr. Deep Singh, AAG, Punjab.

Mr. J.S.Chatrath, Advocate, for respondent No.2.

INDERJIT SINGH, J.

Petitioner-Harsimran Kaur Chadha has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case FIR No.06 dated 03.01.2013, registered at Police Station Fattudhinga, District Kapurthala, under Sections 420 and 406 of the Indian Penal Code and Section 24 of the Immigration Act. Notice of motion was issued. Learned State counsel put in appearance on behalf of the respondent-State and respondent No.2 also appeared through his counsel.

I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. Parveen Kumar 2017.03.16 17:50 I attest to the accuracy and authenticity of this document

-2CRM-M-437-2016 At the time of arguments, learned counsel for the petitioner stated that a quashing petition on the basis of compromise is already pending before this Court.

Learned counsel for respondent No.2 admitted the fact that compromise has taken place with the present petitioner and quashing petition on the basis of compromise is pending before this Court. In pursuance of the interim order dated 29.01.2016 passed by this Court, the petitioner has already joined the investigation. She is not required for custodial interrogation. Therefore, no useful purpose will be served by sending the petitioner to custody.

Keeping in view the facts and circumstances of the present case and in view of the fact that compromise has taken place between the present petitioner and respondent No.2, I find merit in this petition and the same is allowed. The order dated 29.01.2016, granting interim bail to the petitioner, is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438

(2) Cr.P.C.

15.03.2017 (INDERJIT SINGH) parveen/rajesh k. khurana JUDGE Note:

Whether speaking/reasoned : Yes Whether reportable :

No Parveen Kumar 2017.03.16 17:50 I attest to the accuracy and authenticity of this document