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High Court of Punjab and HaryanaCRM-M/45186/2024allowed

Kunal Pundir v. State Of Punjab And ANR

2024-10-21Mr. Justice Kuldeep Tiwari3 pages

       





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Present:

Mr. Kanwaljeet Singh Derabassi, Advocate for the petitioner.

Mr. Sahil R. Bakshi, A.A.G., Punjab.

Mr. Rajinder Yadav, Advocate for the respondent No.2.  )* 0 (/1*2   

 

      

   

1. Through the instant petition, as instituted under Section 482 of the B.N.S.S., 2023, the petitioner seeks the concession of anticipatory bail, in case FIR No.367 dated 21.11.2022, under Sections 323/341/506/427 of the IPC (Sections 324/326/148/149/201 of the IPC added subsequently), registered at P.S. Derabassi, District S.A.S. Nagar.

2. The principal argument of the learned counsel for the petitioner is clothed in the fact that, the matter has been compromised inter se the petitioner/accused and the complainant/respondent No.2. Therefore, he submits that when the complainant/respondent No.2 is not ready to support the case of prosecution, therefore, putting the petitioner behind the bars, for commission of the alleged offence(s), would tantamount to sheer abuse of the process of law.

3. Lastly, the learned counsel for the petitioner submits that, a petition bearing No.CRM-M-42901-2024 for quashing of the present

FIR, on the basis of compromise, has already been filed and pending before this Court. He also submits that the petitioner is ready to join the investigation and to cooperate with the investigating officer.

4. At this stage, . Rajinder Yadav  

     



 

             

 







    

     

 part from admitting the factum of compromise inter se the petitioner/accused and the complainant/respondent No.2, he also extends his 'No Objection' in case the petitioner is granted the relief of anticipatory bail.

5. Notice of motion for 21.10.2024.

6. Mr. Pardeep Bajaj, D.A.G., Punjab, accepts notice on behalf of respondent No.1-State of Punjab.

7. In the meantime, the petitioner is directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 482(2) of the B.N.S.S., 2023.

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 (KULDEEP TIWARI) October 21, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No