Poonam v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision : 06.11.2023 Poonam ... Petitioner(s)

Versus

State of Punjab And Another ... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Aayush Gupta, Advocate for the petitioner. Mr. Adhiraj Singh Thind, AAG Punjab for respondent No.1. Ms. Navika Bansal, Advocate for Mr. Harsh Goyal, Advocate for respondent No.2. ALKA SARIN, J. (ORAL) 1.

This is a petition under Section 439(2) of the Code of Criminal Procedure, 1973 (CrPC) for cancellation of anticipatory bail granted by the learned Additional Sessions Judge, Sangrur vide order dated 24.03.2022 (Annexure P-2) in case FIR No.0009 dated 28.01.2022 under Section 498-A of the Indian Penal Code, 1860 registered at Police Station Sandaur, District Malerkotla.

2.

On 09.02.2023 the following order was passed : "The present petition has been filed under Section 439(2) Cr.P.C. for cancellation of anticipatory bail granted by the learned Additional Sessions Judge, Sangrur, vide

-2order dated 24.03.2022 (Annexure P-2) in case FIR No.0009, dated 28.01.2022, under Section 498-A IPC, registered at Police Station Sandaur, District Malerkotla. After arguing for some time, when the Court was not inclined to interfere in the matter, learned counsel for the petitioner submits that in fact, an effort can be made to amicably resolve the matter between the parties and the matter be relegated to the Mediation and Conciliation Centre of this Court.

Learned State counsel submits that in fact the recovery has already been effected from the accused and the entire articles are lying in Malkhana. However, learned State counsel does not oppose the exploration of an amicable solution, which will put all the litigation to an end. Without commenting upon the merits of the case, the parties are directed to appear before the Mediation and Conciliation Centre of this Court on 20.02.2023 to explore the possibility of any amicable resolution. To await the report of the mediator, adjourned to 16.05.2023.

However, it is made clear that this order shall not construe any expression of opinion on the merits of the petition. "

3.

The matter was referred to the Mediation and Conciliation Centre of this Court. A report has been received wherein it has been stated that the parties failed to arrive at an amicable settlement despite holding joint and separate sessions with the parties.

4.

It was made clear in the order dated 09.02.2023 that the Court was not inclined to interfere in the matter, however, only to explore the

-3possibility of an amicable settlement the parties were sent to the Mediation and Conciliation Centre of this Court. In view of the report received by the Mediation and Conciliation Centre, no further orders need to be passed in the present case.

5.

Disposed off, accordingly. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 06.11.2023