High Court of Punjab and HaryanaCRM-M/8381/2016allowed

Avtar Singh v. State Of Punjab

2016-09-28Mrs. Justice Raj Rahul Garg2 pages

CRM-M-8381-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8381-2016 Date of Decision:- 28.09.2016 Avtar Singh ....Petitioner

Versus

State of Punjab ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. S.P. Soi, Advocate, for the petitioner.

Mr. K.D. Sachdeva, Addl. A.G., Punjab.

Mr. Sahil Arora, Advocate for the complainant.

**** RITU BAHRI, J. (Oral) Prayer in this petition is for grant of anticipatory bail to the petitioner, in a case arising out of FIR No.18 dated 12.02.2016, registered at Police Station City Budhlada, District Mansa, who has been booked for having committed the offences punishable under Sections 406 and 498-A IPC.

Learned counsel for the parties submit that the settlement between the parties has been arrived at `5 lacs and decision is taken to file divorce petition under Section 13-B of the Hindu Marriage Act. Moreover, as per the settlement the `2.5 lacs shall be given at the time of first motion and the remaining amount of `2.5 lacs is to be given at the time of recording Naresh Kumar 2016.10.03 10:32 I attest to the accuracy and integrity of this document Chandigarh of statement of second motion.

CRM-M-8381-2016 -2Learned counsel for the petitioner submits that pursuant to order dated 10.03.2016, the petitioner has already deposited a sum of `2 lacs before the Registry of this Court. Today, he has placed on record a demand draft of `50,000/- in the name of Registrar of this Court. The remaining amount of `2.5 lacs will be paid by the petitioner at the time of final settlement made in the petition for divorce under Section 13-B of Hindu Marriage Act.

At the very outset, learned State, on instructions from investigation officer, has informed that in pursuance of order dated 10.03.2016 of this Court, the petitioner has joined the investigation and his custodial interrogation is not required at this stage. In view of the totality of the facts and circumstances of the case, order dated 10.03.2016, passed by this Court whereby the ad-interim anticipatory bail was granted to the petitioner is made absolute. The petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions as envisaged under Section 438 (2) Cr.P.C.

Consequently, it has been agreed between the parties that the complainant shall withdraw an amount of `2.5 lacs on 10.10.2016, deposited before this Court, after recording of statement of first motion. Accordingly, the petition stands disposed of. September 28, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.10.03 10:32 I attest to the accuracy and integrity of this document Chandigarh