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High Court of Punjab and HaryanaCRM-M/28248/2020allowed

Nitin Surana v. State Of Punjab

2021-03-24Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh I) CRM-M-28248-2020 (O&M) Nitin Surana ... Petitioner

Versus

State of Punjab ... Respondent II) CRM-M-11297-2020 (O&M) Kamla Surana and others ... Petitioners

Versus

State of Punjab ... Respondent Date of Decision:-24.3.2021

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Jitender K. Goel, Advocate for the petitioner(s). Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by ASI Jasvir Kaur.

Mr. Jasraj Singh, Advocate for the complainant. (proceedings conducted through video conferencing) ***** PANKAJ KAKKAR 2021.03.24 18:42 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-28248-2020 (O&M) & CRM-M-11297-2020 (O&M) GURVINDER SINGH GILL, J.(Oral) 1.

This order shall dispose of the above mentioned two petition filed on behalf of petitioners Nitin Surana and Kamla Surana, Lalit Surana and Harsh Surana seeking grant of ancitipatory bail in respect of a case registered vide FIR No.0001 dated 7.1.2020 at Police Station Model Town, Hoshiarpur, Punjab under Sections 406 and 498-A of Indian Penal Code. 2.

The FIR in question was lodged apparently on account of some matrimonial discord between the petitioner Nitin Surana and his wife Gurleen Kaur, which has been resolved by way of an amicable settlement and infact pursuant to the settlement the parties have also got their marriage dissolved by way of a decree of divorce by mutual consent. A separate petition for quashing of FIR on the basis of compromise has also been filed, which is stated to be pending in this Court.

3.

The aforestated factual position is not disputed by the learned State counsel or by learned counsel for the complainant.

4.

In these circumstances, both the petitions merit acceptance and are hereby accepted and the interim directions issued by this Court vide orders dated 17.9.2020 and 17.3.2020 are hereby made absolute subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C. 24.3.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.03.24 18:42 I attest to the accuracy and integrity of this document