High CourtsSingle Bench

Gurwinder Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 18 February 2021 · Citation: (2021) 02 P&H CK 0215

HON’BLE JUDGES
Raj Mohan Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438, 438(2) · Indian Penal Code, 1860 — Section 34, 307, 324, 323, 506
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 20254 Of 2020
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Judgment

17 paragraphs · 293 words

Raj Mohan Singh, J

The case has been taken up for hearing through video-conferencing.

Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C. in case bearing FIR No.236 dated 02.07.2020 under Sections 307, 324, 323, 506,

34 registered at Police Station Sadar Dhuri, District Sangrur.

Learned counsel for the petitioner submits that vide order dated 24.07.2020, petitioner was directed to join investigation. The matter was referred to

District Judge, Sangrur for calling the parties for the purposes of holding mediation in the Mediation Centre.    Â

The said order was passed owing to the inter se relationship between the parties and also in view of the fact that the dispute is between family

members in respect of some land. The said order was again reiterated in subsequent order dated 27.11.2020 wherein it has been recorded that a

compromise has been effected between the parties with the intervention of Gram Panchayat.

Learned counsel for the petitioner submitted before the Court on 27.11.2020 that complainant party had attacked the petitioner even after passing of

order dated 24.07.2020, but the petitioner was still ready and willing to settle the dispute.

FIR No.89 of 2020 and MLR dated 06.09.2020 were in the context of the aggression shown by the complainant party even after passing of order

dated 24.07.2020. Though mediation has failed, but the petitioner has joined the investigation in compliance of order dated 24.07.2020.

This fact has not been disputed by learned State counsel on instructions from ASI Rajwinder Singh.

In view of above, order dated 24.07.2020 is hereby made absolute.

However, the petitioner shall keep on joining the investigation as and when required to do so by the Investigating

Officer and shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.