Charanjit Kaur v. State Of Punjab And Another

IN THE HIGH COURT OF P UNJAB AND HARYANA AT CHANDIGARH

CRM-M-55497-2024 (O&M) Date of Decision : 05.12.2024 Charanjit Kaur ....Petitioner

VERSUS

State of Punjab and Another ....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Lalit Singla, Advocate for the petitioner. Mr. Pawan Kumar, DAG Punjab for respondent No.1. Mr. Sahilpreet Singh, Advocate for Mr. Gopal Singh Nahel, Advocate for respondent No.2. ALKA SARIN, J. (Oral) 1.

This is the second petition filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.0083 dated 27.05.2023 under Sections 323, 498-A, 406, 307, 506 and 34 of the Indian Penal Code, 1860 registered at Police Station Bhawanigarh, District Sangrur.

2.

Learned counsel for the petitioner has contended that petitioner in the present case is the mother-in-law of respondent No.2-complainant and the matter has since been settled between the parties. It is further the contention that divorce by way of mutual consent has also been granted to the complainant and her husband in a petition filed by them under Section 13-B of the Hindu Marriage Act, 1955 and hence the petitioner herein, who is the mother-in-law, may be granted the concession of anticipatory bail. 3.

Notice of motion.

CRM-M-55497-2024 -24.

Mr. Pawan Kumar, DAG Punjab has filed a status report by way of affidavit of Sh. Rahul Kaushal, PPS, Deputy Superintendent of Police, Sub Division, Bhawanigarh, District Sangrur, which is taken on record. Registry to scan the same and tag at the appropriate place. It has been stated in the status report that the parties have since compromised. Learned State counsel on instructions from ASI Gurmit Singh has made a statement that the petitioner has not been declared a proclaimed offender nor any PO proceedings have been initiated/pending against her. 5.

Learned counsel appearing on behalf of respondent No.2complainant states that the complainant has no objection. On the previous date i.e. 26.11.2024, respondent No.2-complianant had come present in Court and stated that she would have no objection if the petitioner is granted the concession of anticipatory bail.

6.

Heard.

7.

In the present case the complainant and her husband have since entered into a compromise and have infact been granted divorce by way of mutual consent in a petition filed under Section 13-B of the Hindu Marriage Act, 1955. The petitioner herein is the mother-in-law of respondent No.2complainant and the complainant had herself come present in Court on 26.11.2024 and made a statement that she would have no objection if the petitioner is granted anticipatory bail.

8.

In view of the above, the present petition is allowed and it is directed that in case of arrest of the petitioner in connection with FIR No.0083 dated 27.05.2023 under Sections 323, 498-A, 406, 307, 506 and 34 of the

CRM-M-55497-2024 -3Indian Penal Code, 1860 registered at Police Station Bhawanigarh, District Sangrur, she be admitted to bail to the satisfaction of the Arresting Officer/Investigating Officer/SHO concerned subject to her joining the investigation with the Investigating Agency as and when called upon to do so and compliance of the conditions as contained under Section 438(2) of the Code of Criminal Procedure, 1973 [now Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023]. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) 05.12.2024 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO