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High Court of Punjab and HaryanaCRM-M/40718/2023allowed

Preet Mani Singh v. State Of Punjab

2024-02-093 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 09.02.2024 Preet Mani Singh

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Gopal Singh Nahel, Advocate for the petitioner. Mr. Adhiraj Singh, AAG, Punjab.

None for respondent No.2.

*** SUMEET GOEL , J.

(Oral) 1.

On 21.08.2023, the following order was passed:- "1. Petitioner is seeking anticipatory bail in case bearing FIR No.78 dated 07.07.2023 under Sections 406, 498-A IPC, registered at Police Station Dirba, District Sangrur.

2. Learned counsel for the petitioner contends that the marriage of the petitioner was solemnized with the complainant on 23.01.2022. The petitioner has an Instagram channel having about 5 Lakh viewers and on that score, the dispute has cropped up between the parties. The complainant never like the people following the petitioner on social media. At the earlier instance, the complainant had instituted a petition under Section 13 of the Hindu Marriage Act for dissolution of marriage and subsequently, she withdrew the same. Now, the petitioner has instituted a petition under Section 13 of the Hindu Marriage Act for dissolution of marriage and the same is pending in the Family Court at Sangrur. The petitioner is ready and willing to return all the articles of Istridhan and also to amicably settle the matrimonial dispute through mediation.

3. On the oral request, complainant i.e. Amandeep Kaur w/o Pritmani Singh, r/o Village Dhandoli Khurd, District Sangrur is impleaded as respondent No.2.

4. Registry is directed to make necessary correction in the memo of parties.

5. Notice of motion.

6. Ms. Ruchika Sabherwal, DAG Punjab accepts notice on behalf of the State.

7. Mr. J.S.Moudgill, Advocate has put appearance on behalf of the complainant/respondent No.2.

8. Learned counsel for the complainant has soght to dispute the allegations as putforth by the petitioner. It has been submitted that the articles of Istridhan are yet to be recovered. However, it has been further submitted that the complainant is not averse to explore the possibility of amicable settlement through mediation.

9. The petitioner and the complainant are directed to appear before the Mediation and Conciliation Center of this Court on 11.09.2023. On appearance of the complainant before the Mediator, the petitioner shall pay a sum of Rs. 30,000/- to facilitate her presence and participation in the mediation proceedings.

10. Report of the Mediator be awaited for 06.11.2023.

11. Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438(2) Cr.P.C."

2.

Learned State counsel, on instructions from ASI Rabel Singh, has stated that pursuant to the order dated 21.08.2023, the petitioner has joined investigation and is no longer required for custodial interrogation. 3.

In view of above, the present petition stands allowed and the interim order dated 21.08.2023 passed by this Court is made absolute, subject to the conditions as enumerated under Section 438(2) Cr.P.C.

4.

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. 5.

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 438(2) Cr.P.C., 1973 or upon showing any other sufficient cause.

6.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. (SUMEET GOEL) JUDGE 09.02.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No