Harbans Kaur v. State Of Punjab And Another

CRM-M-41517-2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-41517-2020 Date of decision: 11.12.2020 Harbans Kaur

...Petitioner

Versus

State of Punjab and another .....Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present:- Mr. Rajnish K. Gupta, Advocate for the petitioner.

HARNARESH SINGH GILL , J.

(ORAL) Case is taken up for hearing through video conferencing. Through this petition, the petitioner seeks anticipatory bail in case FIR No. 101 dated 19.8.2020 under Sections 406, 498-A IPC, registered at Police Station Badali Ala Singh, District Fatehgarh Sahib. Learned counsel for the petitioner submits that petitioner is the mother-in-law of complainant-respondent No. 2 and with the intervention of respectables, a compromise has been effected between the parties. He further submits that in CRM-M-41202-2020, Harwinder Singh, son of the petitioner, has sent the photocopy of demand draft No. 040409 dated 10.12.2020 amounting to Rs. 2.00 lacs in favour of respondent No. 2-wife. Learned counsel for the petitioner undertakes that the remaining amount of Rs. 10.00 lacs, as per the compromise, will be paid on or before 11.3.2021, i.e. the date fixed before the Additional District Judge. Learned counsel also undertakes that even if there are no Court proceedings on the said date, the draft of Rs. 10.00 lacs will be handed over to the complainant. Notice of motion.

On the asking of the Court, Ms. Samina Dhir, DAG, Punjab GURPREET SINGH 2020.12.11 17:57 I attest to the accuracy and integrity of this document Chadigarh

CRM-M-41517-2020 -2accepts notice on behalf of the State.

Mr. Pratham Sethi, Advocate has put in appearance on behalf of respondent No. 2. He also undertakes that the complainant-respondent No. 2 will not miss the Court proceedings and record her statement under Section 13-B of the Hindu Marriage Act, 1955.

I have heard the learned counsel for the parties. Keeping in view the facts and circumstances of the present case and without expressing any opinion on the merits of the case, this Court finds merit in this petition and the same is allowed. The petitioner is directed to join the investigation as and when called upon to do so and if she is sought to be arrested, she shall be released on anticipatory bail to the satisfaction of Investigating Officer/Arresting Officer, subject to the conditions as envisaged in Section 438 (2) of the Code of Criminal Procedure. It is made clear that if pursuant to and in compliance with this order, the petitioner does not cooperate with the investigating agency, the investigating agency would be at liberty to move an appropriate application for cancellation of bail.

It is also made clear that in case the terms and conditions of the compromise are not complied with by the petitioner at any stage, it will be open to respondent No. 2 to move an application for cancellation of bail. Disposed of.

(HARNARESH SINGH GILL) JUDGE December 11, 2020 Gurpreet Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No GURPREET SINGH 2020.12.11 17:57 I attest to the accuracy and integrity of this document Chadigarh