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High Court of Punjab and HaryanaCRM-M/44293/2021allowed

Jaswinder Seth Alias Jasminder Seth v. State Of Punjab

2022-01-20Mr. Justice Rajesh Bhardwaj2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-44293-2021 (O&M) Date of decision-20.01.2022 Jaswinder Seth @ Jasminder Seth

...Petitioner

Vs.

State of Punjab

...Respondent

CORAM:- HON'BLE MR. JUSTICE RAJESH BHARDWAJ

Present:

Ms. Tarannum Cheema, Advocate for the petitioner. Mr. Rakeshinder Singh Sidhu, AAG, Punjab.

Mr. Himmat Singh Deol, Advocate for the complainant. *** RAJESH BHARDWAJ , J. (ORAL) Matter has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.

The present petition has been filed under Section 438 of the Code of Criminal Procedure, 1973, for grant of anticipatory bail to the petitioner in FIR No.0154, dated 24.09.2021 registered for offence under Sections 498-A and 406 of Indian Penal Code, 1860 at Police Station Division No.2, District Pathankot, Punjab.

It is contended by learned counsel for the petitioner that vide order dated 19.10.2021, the petitioner was granted interim protection and thereafter, on 28.10.2021, the matter was referred to the Mediation and Conciliation Centre of this Court. It has been submitted that the petitioner namely Karan Seth in the 2nd petition i.e. CRM-M-44972-2021 as well as the GEETA RANI 2022.01.21 15:31 I attest to the accuracy and integrity of this document

present petitioner i.e. Jaswinder Seth @ Jasminder Seth, were referred to the Mediation and Conciliaton Centre of this Court, however, the arrest of the petitioner was simply stayed qua Karan Seth. It has been submitted that the parties appeared before the Mediation and Conciliaton Centre and the matter has been finally amicably settled between the parties. It has also been submitted that the peititoner-Jaswinder Seth @ Jasminder Seth has already joined the investigation as haas been directed vide order dated 19.10.2021. It has been contended by learned counsel for the petitioner that the petitioner has joined the investigation and fully cooperated and thus, the interim order may kindly be made absolute.

Learned counsel for the complainant affirms the submissions made by counsel for the petitioner and submits that the parties have been amicably settled the inter se dispute.

Learned State counsel has endorsed the same and submitted that petitioner-Jaswinder Seth @ Jasminder Seth has joined the investigation, however, as the arrest of Karan Seth (petitioner in 2nd case) was stayed, so he could not join the investigation.

In view of the above, the order dated 19.10.2021 is made absolute subject to compliance of conditions as envisaged under Section 438(2) Cr.P.C. and the petition stands allowed. (RAJESH BHARDWAJ) JUDGE 20.01.2022 geeta Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No GEETA RANI 2022.01.21 15:31 I attest to the accuracy and integrity of this document