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High Court of Punjab and HaryanaCRM-M/51811/2022disposed of

Ravinder Singh v. State Of Punjab And Another

2023-09-14Mrs. Justice Alka Sarin3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision : 14.09.2023 Ravinder Singh ... Petitioner(s)

Versus

State of Punjab & Anr.

... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Munish Puri, Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG Punjab for respondent No.1. Ms. Gurvir K. Gill, Advocate for respondent No.2. ALKA SARIN, J. (ORAL) 1.

As per the mediation report, mediation has failed. 2.

This is a petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.128 dated 25.10.2022 registered for offences under Sections 323, 417, 420, 493, 494, 495, 506 of the Indian Penal Code, 1860 at Police Station Division No.1, District Pathankot (Annexure P-1).

3.

On 11.11.2022 the following order was passed : "Instant petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in FIR No.128 dated 25.10.2022, registered for offences under Sections 323, 417, 420,

-2493, 494, 495, 506 of the Indian Penal Code, 1860, at Police Station Division No.1, District Pathankot, Annexure P-1.

Notice of motion.

On asking of the Court, Mr. P.S.Grewal, DAG, Punjab, accepts notice on behalf of State-respondent No.1. Ms. Gurvir K.Gill has put in appearance on behalf of complainant-respondent No.2 and has filed Vakalatnama, which is taken on record.

Considering the fact that it is a 24 year old marriage and there is two grown up children, this Court deems it appropriate to refer the dispute to the Mediation and Conciliation Centre of this Court for exploring the possibility of settlement.

Parties are directed to appear before the Mediation and Conciliation Centre of this Court on 17.11.2022 at 10.00 A.M.

List on 15.03.2023 to await report of the learned Mediator.

On the day, the parties appear before the Centre, the petitioner will pay a sum of Rs.35,000/- by way of litigation and travelling expenses to the complainant, which will be a condition precedent to the initiation of the mediation proceedings.

In the meanwhile, arrest of the petitioner, who is working as ASI with the Government Railway Police, shall remain stayed till the next date. "

4.

Learned counsel for the petitioner would contend that pursuant to the said order, the petitioner has joined investigation on 10.02.2023 and has fully cooperated.

-35.

Learned counsel for the State, on instructions from ASI Kuldip Raj, has stated that the petitioner has since joined investigation and has fully cooperated and that he is no longer required for further custodial interrogation as of now.

6.

In view of the above, the order dated 11.11.2022 is made absolute. The petitioner shall, however, join investigation as and when called. The petitioner shall also abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973. 7.

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

( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 14.09.2023 Yogesh Sharma