Krishan Singh And Others v. State Of Punjab

  
        
   



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1.

Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioners seek the concession of anticipatory bail, in case FIR No.31 dated 15.03.2024, under Sections 308/379B/323/ 506/148/149 of the IPC (Sections 325 and 411 of the IPC added subsequently), registered at P.S. Kotbhai, District Shri Muktsar Sahib.

2.

The principal argument of the learned counsel for the petitioners is clothed in the fact that, the matter has been compromised inter se the petitioners and the complainant. To substantiate this argument, he refers to Annexure P-2, which is an affidavit of the complainant regarding compromise. Therefore, he submits that when the complainant is not ready to support the case of prosecution, therefore, putting the petitioners behind the bars, for commission of the alleged offences, would tantamount to sheer abuse of the process of law.

3.

Lastly, the learned counsel for the petitioners submits that, a petition bearing No.CRM-M-26119-2024 for quashing of the present FIR, on the basis of compromise, has already been filed and pending

before this Court. He also submits that the petitioners are ready to join the investigation and to cooperate with the investigating officer. 4.

At this stage,  Kamal Narula  

  

  

       

       

                 

           



  

 

       

   part from admitting the factum of compromise inter se the petitioners/accused and complainant, he also extends his 'No Objection' in case the petitioners are granted the relief of anticipatory bail.

5.

Notice of motion for 29.07.2024.

6.

Mr. Pardeep Bajaj, D.A.G., Punjab, accepts notice on behalf of respondent-State of Punjab.

7.

In the meantime, the petitioners are directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of their arrest, they shall be admitted to interim bail on their furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioners shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C.!

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