Vishal Chawla v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No. M-58421 of 2023 Date of decision :-14.02.2024 Vishal Chawla .....Petitioner

Versus

State of Punjab and another .....Respondents CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Jasinder Singh Sekhon, Advocate for the petitioner.

Mr. Sukhsandesh Singh Chahal, AAG, Punjab.

Mr. Sanjiv Gupta, Advocate for respondent No.2.

NIDHI GUPTA J. (Oral) The petitioner is seeking anticipatory bail in FIR No.90 dated 13.10.2023, under Sections 406 and 498-A IPC, registered at Police Station Women, District Patiala.

On 20.11.2023, co-ordinate Bench of this Court had passed the following order :- "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.90 dated 13.10.2023 under Sections 406, 498-A of the Indian Penal Code, 1860, registered at Police Station Women, District Patiala. Learned counsel for the petitioner at the outset would contend that the petitioner is willing to settle the matter as also to return all istridhan articles. Notice of motion.

On the asking of the Court, Mr. Adhiraj Singh Thind, AAG Punjab accepts notice on behalf of the Staterespondent No.1. Mr. Sanjiv Gupta, Advocate accepts notice on behalf of respondent No.2.

Learned counsel for respondent No.2 states that the complainant-respondent No.2 is also open to the exploring the possibility of a compromise.

In view of the above, let the matter be placed before the Mediation and Conciliation Centre of this Court. Parties are directed to See appear there on 28.11.2023 at 10.00 am, for exploring the amicable settlement. possibility of an amicable settlement.

To await the report, list on 14.02.2024.

The petitioner shall bring a demand draft of Rs.30,000/- in the name of the complainant-respondent No.2 towards litigation expenses which shall be handed over to her on the date fixed before the Mediation and Conciliation Centre of this Court.

Meanwhile, the petitioner is directed to join investigation as and when called for. In the event of arrest, the petitioner shall be admitted to interim bail on furnishing adequate surety and personal bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the terms and conditions as specified in Section 438(2) of the Code of Criminal Procedure, 1973." Learned State counsel, on instructions states that in terms of the order passed by this Court, reproduced above, the petitioner has joined the investigation and no further interrogation is required at this stage.

In view of the above, the order dated 20.11.2023 granting interim bail to the petitioner is made absolute.

However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join the investigation and cooperate with the investigating agency in case he is required for the same in future as and when called upon to do so. In case at any given point of time hereinafter, it is felt by the investigating agency that the petitioner is required for the investigation but are not cooperating, they will be at liberty to approach this Court for passing appropriate orders.

The petition stands disposed of.

February 14, 2024 ( NIDHI GUPTA ) Vijay Asija JUDGE Whether speaking/reasoned Yes / No Whether Reportable Yes / No