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Charanjit Singh and Another vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 26 March 2012 · Citation: (2012) 03 P&H CK 0046

HON’BLE JUDGES
Kanwaljit Singh Ahluwalia, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 173 · Hindu Marriage Act, 1955 — Section 13B · Penal Code, 1860 (IPC) — Section 406, 498A
CASE NUMBER
Criminal Miscellaneous No. M 13135 of 2011
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Judgment

8 paragraphs · 501 words

Kanwaljit Singh Ahluwalia, J.—By this common order, Criminal Misc. No. M 13135 of 2011, preferred by Charanjit Singh and Mohinder Kaur and Criminal Misc. No. M 14058 of 2011, instituted by Bhupinder Singh, shall be decided together. In both these petitions, the petitioners have sought pre-arrest bail in case arising out of FIR No. 14 dated 20.3.2011, registered at Police Station Phase 11, S.A.S. Nagar, Mohali, under Sections 406 and 498-A IPC.

2.

Petitioner-Bhupinder Singh was married with Jasleen Kaur, whereas petitioners-Charanjit Singh and Mohinder Kaur are his parents. During the pendency of both the petitions, the dispute has been amicably resolved.

3.

this Court, on 7.3.2012, in Criminal Misc. No. M 14058 of 2011, had recorded the statements of Jasleen Kaur and Bhupinder Singh. The same may be read as a part of this order. Thereafter, on 7.3.2012, this Court has passed the following order in the aforesaid petition:

Separate statements of the parties have been recorded. The same be read as part of this order.

Counsel for the parties have requested that the interim bail granted to the petitioners be affirmed after petition u/s 13-B of the Hindu Marriage Act is filed and the amount is deposited in the Court of Additional District Judge, Mohali.

On request, adjourned to 26.3.2012. Interim order dated 9.5.2011 to continue.

Learned Counsel for the parties submit that in view of the compromise arrived at between the parties, a petition u/s 13-B of the Hindu Marriage Act, 1955, for dissolution of marriage by way of mutual consent, has been filed and an amount of Rs. 5,00,000 has also been deposited in the Court of Additional District Judge, S.A.S. Nagar, Mohali. Learned Counsel for the parties have jointly submitted that the parties undertake to abide by the compromise which has been noticed in the statements made by Jasleen Kaur and Bhupinder Singh, recorded by this Court on 7.3.2012 in Criminal Misc. No. M 14058 of 2011.

4.

In view of the joint statement made by Learned Counsel for the parties and for the reasons stated in the orders dated 2.5.2011, passed in Criminal Misc. No. M 13135 and dated 9.5.2011, passed in Criminal Misc. No. M 14058 of 2011, interim pre-arrest bail, granted to the petitioners, is made absolute. It is ordered that in the event of arrest of the petitioners, they shall be admitted to pre-arrest bail on their furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer, till filing of the report u/s 173 Cr.P.C. On submission of report u/s 173 Cr.P.C., the petitioners shall furnish regular bail-bonds to the satisfaction of the Court concerned. The trial Court shall be empowered to cancel bail of the petitioners in case of breach of any of the terms & conditions of the bail bonds. However, in case the petitioners fail to perform their part of compromise, the complainant shall be at liberty to file an application for cancellation of their bail. With the observations made above, both the petitions are disposed of.