Gurbir Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 101+219 Date of Decision: 27.03.2025 GURBIR SINGH

...Petitioner

Versus

STATE OF PUNJAB

...Respondent

CORAM:

HON'BLE MS. JUSTICE KIRTI SINGH Present:- Mr. Sunil Chadha, Senior Advocate with Ms. Devyani Sharma, Advocate and Mr. Paras, Advocate for the petitioner(s).

Mr. R.S.Thind, DAG Punjab.

Mr. Ajay Kumar, Advocate for complainant.

***** KIRTI SINGH , J. (Oral) CRM-11655-2025 This is an application for placing on record the documents as Annexures A-1 to A-4.

2.

Heard. For the reasons mentioned in the application, the same is allowed and Annexures A-1 to A-4 are taken on record subject to all just exceptions.

CRM-M-28051-2023 1.

Apprehending arrest the petitioner has filed this petition under Section 438 of Cr.P.C. for grant of anticipatory bail in case bearing FIR No.31 dated 23.03.2023 under Sections 498-A, 406 and 354 of IPC registered at Police Station Chamkaur Sahib, District Rupnagar. 2.

Learned counsel for the parties submits that pursuant to the order dated 05.12.2024, both parties have amicably settled the matter and filed a joint petition under Section 13-B of the HMA Act, 1955, before the

Principal Judge, Family Court, Rupnagar, seeking dissolution of marriage by mutual consent.

3.

Learned State counsel on instructions submits that in compliance of order dated 31.05.2023, the petitioner had joined the investigation and is not required for any further investigation. 4.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 31.05.2023 passed by this Court, is hereby made absolute.

5.

This order should not be treated as "blanket" order. It will not be read granting the petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 6.

This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner.

7.

The accused/petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any police officer.

8.

The accused/petitioner shall not leave India without prior permission of the Court.

9.

The accused/petitioner shall join the investigation as and when called by the police.

10.

It will be open to the police or the investigating agency to move to this Court for a direction under Section 483(3) of BNSS (erstwhile Section 439(2) of the Code of Criminal Procedure, 1973) to arrest the accused, in the event of violation of any term, such as absconding, non-

cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. Pending application(s), if any, also stands disposed of accordingly.

(KIRTI SINGH) 27.03.2025 JUDGE Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No