High Court of Punjab and HaryanaCRM-M/45305/2018allowed

Parveen Kumar & ANR v. State Of Punjab

2019-01-29Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.45305 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.45305 of 2018 Decided on: 29.01.2019 Parveen Kumar and another ....Petitioners

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Ms. Janya Sirohi, Advocate for the petitioners. Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN , J.

(Oral) The petitioners pray for grant of anticipatory bail in FIR No.75 dated 23.07.2018, registered under Sections 406 and 420 of the Indian Penal Code (in short 'IPC') at Police Station Bilga, District Jalandhar.

The operative part of the order dated 12.10.2018, vide which interim anticipatory bail has been granted to the petitioners, is reproduced as under:- "....Learned counsel for the petitioners submits that daughter of petitioner No.2 and sister of petitioner No.1 namely Meenakshi was married to Daljit Singh, real brother of complainant Rajinder Singh. It is further submitted that there was a matrimonial discord between them and on that account, FIR No.15 dated 29.02.2017 under Sections 498A, 323, 504 IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1961, Women Police Station, District Baghpat stands registered and complaint under Section 125 Cr.P.C. is also pending before the Family Court at Baghpat.

Learned counsel for the petitioners further submits MOHD YAKUB 2019.01.29 16:15 I attest to the accuracy and integrity of this document

CRM-M No.45305 of 2018 that in the aforesaid scenario, when there was a matrimonial dispute, there was no occasion for the complainant to give any amount to the petitioners for sending him abroad and some amount, which was received by the son-in-law of petitioner No.1, was returned by them through bank transaction, on the basis of which present FIR has been registered posing the another person as complainant.

Notice of motion for 29.01.2019...."

Counsel for the petitioners has submitted that, in pursuance to the order dated 12.10.2018, the petitioners have appeared before the Investigating Officer and have joined the investigation. Counsel for the State, on instructions from ASI Gurdev Singh, has not disputed the aforesaid fact and submits that the petitioners are no more required for further investigation. In view of the above, this petition is allowed and the interim bail granted to the petitioners vide order dated 12.10.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 29.01.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.01.29 16:15 I attest to the accuracy and integrity of this document