Sawinder Singh v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-33978-2020 (O&M).

Decided on: January 14, 2021.

Sawinder Singh .. Petitioner

VERSUS

State of Punjab and another .. Respondents * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Vipin Mahajan, Advocate, for the petitioner.

Mr.Luvinder Sofat, AAG, Punjab.

Mr.Ritesh Pandey, Advocate, for respondent No.2.

JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in FIR No.118 dated 21.09.2020, under Sections 326, 324, 323 and 34 IPC, P.S. Qadian, registered at Police Station Batala, District Gurdaspur (offence under Section 326 IPC added later on).

Learned counsel for the petitioner has submitted that the dispute in the present case is a matrimonial dispute between the petitioner

and respondent No.2 and in pursuance of the directions issued by this Court on 23.10.2020, the petitioner has joined investigation and has fully cooperated with the investigation process and thereafter on 24.11.2020, this matter was sent to Mediation and Conciliation Centre, Gurdaspur, in view of request made by learned counsel for both the parties. He further submitted that before the Civil Judge (Sr. Division) cum Chief Judicial Magistrate cum Nodal Officer of the Mediation and Conciliation Centre, Gurdaspur, the matter has now been compromised between the husband -petitioner and wife - respondent No.2 and a settlement has been arrived at and therefore, he has prayed for the grant of anticipatory bail. Learned State counsel has submitted that it is correct that a settlement has been arrived at between the husband -petitioner and wife - respondent No.2 and the subject matter of the dispute is matrimonial in nature.

Learned counsel for the complainant - respondent No.2 has also confirmed that a settlement has been arrived at between the husband -petitioner and wife - respondent No.2 and he does not oppose the grant of anticipatory bail to the petitioner. A report has also been received from the Mediation and Conciliation Centre, Gurdaspur, stating that petitioner and respondent No.2 have settled their dispute out of their own free will, without any fear, force, coercion or undue influence, from any side.

Therefore, considering the totality of the circumstances, the present petition is allowed. Interim order dated 23.10.2020, is hereby

made absolute.

January 14, 2021.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No