Yadwinder Singh v. State Of Punjab

2024:PHHC:021527

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-32904-2023 Date of Decision: February 15, 2024 YADWINDER SINGH ........Petitioner

Versus

STATE OF PUNJAB ........Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Amit Arora, Advocate for the petitioner.

Mr. Davinder Bir Singh, Sr. DAG, Punjab.

Mr. Lovish Rattan, Advocate for the complainant. **** HARKESH MANUJA, J. (ORAL) By way of present petition filed under Section 482 CrPC, prayer has been made for quashing of the order dated 16.06.2023 passed by learned Judicial Magistrate First Class, Ajanala, District Amritsar whereby the bail bonds/surety bonds of the petitioner were cancelled/forfeited against his non-appearance on account of addition of offences under Sections 467, 468 and 471 of IPC in case FIR No.0173 dated 02.08.2020. On 18.12.2023, this Court passed the following order:- "In pursuance to the last order dated 12.12.2023, learned counsel for the petitioner has handed over a demand draft bearing No. 480172, dated 16.12.2023, drawn on Punjab & Sind Bank, to the complainant namely, Sandeep Singh, duly identified by Mr. Lovish Rattan, Advocate appearing for the complainant.

Learned counsel for the petitioner has also handed over a post dated cheque bearing No.000003, dated 29.01.2024, amounting to Rs. 3 lakhs, drawn on Punjab & Sind Bank, to the complainant. Though, as per the allegations levelled in the FIR, the petitioner received a sum of Rs.14 lakhs from the complainant, however, the complainant, who is present in Court having been identified by his counsel submits that he would be satisfied, in case, he is paid a sum of Rs.10 lakhs by the petitioner as full and final settlement towards the entire dispute. On the other hand, petitioner, who is present in person having been identified by his counsel submits that he is ready to pay a sum of Rs.9 lakhs in total (including Rs.7 lakhs paid today). TEJWINDER SINGH 2024.02.16 10:58 I attest to the accuracy and integrity of this document

2024:PHHC:021527 -2CRM-M-32904-2023 In view of the above, since the dispute merely remains about the quantum and the terms of settlement, therefore, the matter be placed before the Mediation and Conciliation of this Court today itself i.e. 18.12.2023.

Adjourned to 15.02.2024 for awaiting report.

Interim order to continue.

Photocopy of this order be placed on the file of connected case."

Today, it has been informed that both the parties have already entered into settlement and only a sum of Rs.2,35,000/- remains to be paid by the petitioner which shall be paid within a period of one month from today. Considering the aforesaid, the order dated 16.06.2023 passed by the Judicial Magistrate First Class, Ajanala is hereby set aside and the petitioner is directed to furnish his fresh bail bonds/surety bonds within a period of 7 days from today which shall be accepted by the learned trial Court to its satisfaction.

In view thereof, once the parties have already entered into settlement, the interim protection granted in favour of petitioner vide order dated 01.08.2023 is hereby made absolute.

15.02.2024 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2024.02.16 10:58 I attest to the accuracy and integrity of this document