Ramjeet v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 24.09.2024 Ramjeet

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Shubham Chandel, Advocate with Mr. Damanpreet Singh, Advocate for the petitioner. Mr. Anup Singh, AAG, Punjab.

Mr. Dhruv Gupta, Advocate for complainant-respondent No. 2. *** SUMEET GOEL , J.

(Oral) The instant petition has been filed on 02.08.2024 under Section Section 438 Cr.P.C for grant of anticipatory bail. As per the judgment rendered by this Court titled 'Abhishek Jain Versus State of U.T. Chandigarh and another' (CRM-M-31808 of 2024) 2024PHHC085784, the instant petition is not maintainable under Section Section 438 Cr.P.C. However, keeping in view the entirety of facts and circumstances of the case especially that the instant petition pertains to anticipatory bail, the instant petition is directed to be considered as a petition under Section 482 of BNSS, 2023.

1.

This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR No. 27 dated 25.04.2023, registered for offences under Sections 494,498-A of the IPC, at Police Station Women Cell, Mohali.

2.

On 27.08.2024, the following order was passed:- "Inter alia contends that the genesis of the FIR in question is a matrimonial discord between the petitioner and his wife and the petitioner is entered into an amicable settlement with the wife; the petitioner is willing to return all the dowry articles & to join investigation and cooperate therein.

Mr. Dhruv Gupta, Advocate has entered appearance on behalf of respondent no.2 and has filed his vakalatnama. The same be kept on record.

Learned counsel for the petitioner as also learned counsel appearing for respondent no.2 are ad idem that there are chances of amicable settlement between the parties. Thus, request has been made to refer the parties to Mediation and Conciliation Centre of this Court. The petitioner is directed to appear before the Investigating Officer on 31.8.2024 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of the BNSS.

In the interest of justice, the parties, through their respective counsel are directed to appear before the Mediation and Conciliation Centre of this court on 2.9.2024.

On appearance being made by respondent no.2 before the Mediation Centre, the petitioner shall furnish an amount of 50,000/- towards ₹ litigation expenses to respondent no.2.

Put up on 24.9.024 alongwith the report of Mediator." On 30.08.2024, the following order was passed:- "Notice of the application be issued to the learned counsel opposite.

On asking of the Court, Mr. Adhiraj Singh Thind, AAG, Punjab, appears and accepts notice on behalf of the respondent-State.

Mr. Dhruv Gupta, Advocate appears and accepts notice on behalf of respondent No.2/complainant.

I have heard learned counsel for the parties and upon perusal of the record, the order dated 27.08.2024 is modified to the extent that "On appearance being made by respondent No.2 before the Mediation Centre, the petitioner shall furnish an amount of Rs.25,000/- towards litigation expenses to respondent No.2."

CRM stands disposed off."

3.

Learned State counsel, on instructions from ASI Mandeep Kaur, has stated that pursuant to the order dated 27.08.2024, the petitioner has joined investigation and is no longer required for custodial interrogation. 4.

Learned counsel for the petitioner, while reiterating the arguments raised by him which are recorded in the order dated 27.08.2024, has further submitted that an amicable settlement has been now been arrived at between the parties and terms thereof have been reduced into writing vide settlement/compromise deed 06.09.2024 before the Mediation and Conciliation Centre of this Court.

5.

The aspect of matter having been amicably settled between the parties has been ratified by learned counsel for the complainant-respondent No. 2.

6.

In view of above, the present petition stands allowed and the interim order dated 27.08.2024 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. 7.

This order should not be treated as "blanket" order. It will not be read granting 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. 8.

Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause.

9.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 10.

Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE 24.09.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No