← Library
High Court of Punjab and HaryanaCRM-M/64264/2023allowed

Harpinder Singh Dhillon v. State Of Punjab And Another

2024-03-21Mr. Justice Kuldeep Tiwari3 pages

 



    

 

 !"#!"$

      %!

 

&'

(

 

 

   !!!!

) )  * +  ,-* ! ).

- / 

Present:

Mr.Vaibhav Bhargav, Advocate for Mr. Gaurav Datta, Advocate for the petitioner.

.

- / 0!1 -2 1.

During the pendency of the instant petition filed under Section 438 Cr.P.C. prayer is made for grant of anticipatory bail in FIR NO. 154 dated 15.11.2023 under Sections 420/465/468/469 and 471 of IPC, registered at Police Station, Amargarh, District Malerkotla. 2.

The matter was sent to Mediation and Conciliation Centre of this Court, in the instant petition as the dispute has arised out of commercial/business transactions. Mediation got a positive result, and the matter was settled between the parties on the following terms and conditions:-                           

            



         

!

" 

    # 



$

% "         &'   &              

   

 (     )   *(+#,- #,##     &   - -.,-./-.0    -1#   ( 23 

 2&4   $5 '" (      &'  &    

   6 

" 

     #



$  % )"  



  



$  % )"      -   



 $    %  )"        , - -



$ * % )"     1 - -



$ * %

)"    0 -  

  &'  &  

"                       

  

  

             & 7 &   8    3  &   46 &   

 7 99  2 :  &   

 7 94'



&6 

 7 9;   5      

   4     <   &       3 % 

 4   < 7    7   

 4  =  &   +

 &   

 > :&   <   &   

 3

"     *(  +#,-    #,##    &  - -.,-./-.0-1#( 2 3 

 2&4   $5 '" ?    



     @ 3.

Learned counsel for the petitioner submits that Rs.10,00,000/- has already deposited with the Investigating Office, which is lying pending in a sealed cover with the officer concerned, and he has no objection in case the said Rs.10,00,000/-, is given/handed over to the complainant/respondent. He further submits that the PDC of Rs.3,00,000/- bearing No. 000865, from his personal account of petitioner has been issued in favour of the complainant/respondent which he assures this Court the same would be honoured on the due date as mentioned on the cheque. As per the compromise the remaining amount of Rs.10,00,000/- has to be made by the petitioner till 20.09.2024, and he will deposit the remaining amount i.e. Rs.10,00,000/- with the Investigation Officer concerned in the time prescribed as per compromise. Since, the matter has been settled between the parties, and the interim directions issued by this Court is hereby, made absolute.

  4.

Investigation Officer is directed to release the draft of Rs. 10,00,000/- which was deposited by the petitioner, to the complainant/respondent No.2 forthwith.

5.

The next payment in three equal installments of Rs. 10,00,000/- to be paid before the Investigation Officer, and eventuality of the installment paid, the Investigation Officer shall release the amount in favour of the complainant/respondent accordingly.

6.

Learned counsel for the complainant submits that in case petitioner complied the agreed terms and conditions of the settlement then they will have no objection even if FIR in question is quashed. 7.

Learned State counsel on instructions imparted to him by SI Jaswinder Singh, submits that the petitioners have already joined the investigation, and they are fully co-operating with the investigation process, and they are not required for any further custodial investigation. 8.

In view of the specific stand taken by the learned State counsel, the present petition is allowed and order dated 08.01.2024 is, hereby, made absolute, subject to the above terms and conditions. In case the petitioner is failed to abide by the terms and conditions of the settlement, the complainant/State is at liberty to get revive the instant petition. 1.

- / 2     !"#!"$     

      ii) Whether reportable?

Yes/No