Karambir v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-35929-2021 (O&M) Date of decision: 17.02.2022 Karambir ... Petitioner Vs.

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

Present:

Mr. Karan Singh, Advocate for the petitioner.

Mr. Deepak Grewal, DAG, Haryana.

Mr. Amandeep Vashisth, Advocate for the complainant.

******* ARVIND SINGH SANGWAN, J. (ORAL) Prayer in this petition is for grant of anticipatory bail in FIR No.457 dated 25.07.2021 under Sections 406, 420, 506 IPC, registered at Police Station Krishna Gate Thanesar, District Kurukshetra. While granting interim bail to the petitioner, following order was passed by this Court on 22.09.2021: - "...Counsel for the petitioner submits that the FIR is a result of a business dispute between the petitioner and his partner, Vivek Anand. He submits that the petitioner and Vivek Anand were equal

-2partners in firm by the name of M/s Future Green Energy and a vehicle TATA ACE (Chhota Hathi) was purchased in the name of the firm, which was financed from TATA Motors Finance Limited and the petitioner was a co-borrower. According to the counsel, due to dispute and differences between the parties, a compromise dated 13.09.2020, Annexure P-7 was effected, wherein it was agreed that Vivek Anand would repay the installments of the vehicle as well as pay a sum of Rs.7.5 lakhs to the petitioner, and on the other hand, the petitioner would transfer the plot measuring 200 square yards in the name of Vivek Anand.

Counsel submits that Vivek Anand has backed out from the compromise, therefore, the petitioner repaid the remaining installments to the Finance Company and he has handed over the vehicle to the dealer for sale, resulting in registration of the FIR, Annexure P-1, at the behest of Vivek Anand. He urges that the dispute is purely civil in nature and that there is a possibility of settlement, for which purpose, the petition may be referred to the Mediation and Conciliation Centre of this Court.

Notice of motion.

On asking of the Court, Mr. Kuldeep Tiwari, Additional Advocate General, Haryana accepts notice on behalf of respondent-State. He is assisted by Mr. Amandeep Vashisth, Advocate for the complainant. Upon instructions from

-3complainant, he has agreed for sending the matter to the Mediation and Conciliation Centre..."

Learned counsel for the petitioner submits that in pursuance of the aforesaid order, the petitioner has joined the investigation and is not required for any further investigation.

Learned State counsel, on instructions from SI Ram Chander, has not disputed the factual position and states that the petitioner is no more required for any further investigation.

In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 22.09.2021 is made absolute subject to the conditions envisaged under Section 438 (2) Cr.P.C. [ ARVIND SINGH SANGWAN ] 17.02.2022 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No