High CourtsSingle Bench

Harjit Singh @ Harjeet Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 8 February 2021 · Citation: (2021) 02 P&H CK 0103

HON’BLE JUDGES
Raj Mohan Singh, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 406, 498A · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 42773 Of 2020
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Judgment

25 paragraphs · 446 words

Raj Mohan Singh, J

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

The petitioner seeks grant of anticipatory bail in case bearing FIR No.43 dated 12.11.2020, registered under Sections 406 and 498-A IPC at Police

Station Women, District Ludhiana.

On 18.12.2020, following order was passed:-

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

Learned counsel for the petitioner contends that the petitioner is the husband of the complainant and the petitioner intends to settle the dispute with his

wife. Notice of motion for 08.02.2021, subject to payment of Rs.20,000/- by demand draft in favour of the complainant.

Both the parties are directed to appear before the Mediation and Conciliation Centre of District Court, Ludhiana on 23.12.2020.

Till the next date of hearing, arrest of the petitioner shall remain stayed.

Report from Mediation and Conciliation Centre be requisitioned on or before the date fixed.â€​

In compliance of the aforesaid order, mediation took place between the parties and the matter has been settled amicably. Mediator has sent the terms

and conditions of settlement, on which both the parties have consented to. Conditions of settlement would show that both the parties are ready to

continue their married life. The petitioner shall arrange a separate portion of residence on rent for a period of five months and shall pay the rent

himself and shall also reside alongwith the complainant and minor child in the said rented premises and shall also bear the expenses of daily deed

during that period. After five months both the parties will shift to matrimonial house i.e. House No.717, Near Gopal Mandir, Sanjay Gandhi Colony,

Ludhiana. The petitioner shall be bound to pay an amount of Rs.5,000/-per month towards maintenance of the complainant and the minor son and the

complainant shall withdraw the cases. Other conditions have also been formulated.

In view of above, the present petition is allowed. Petitioner is directed to appear before the SHO/Investigating Officer to join investigation on

14.02.2021 and in the event of his arrest, he shall be released on anticipatory bail on his furnishing bail bonds to the satisfaction of SHO/Investigating

Agency subject to the following conditions as envisaged under Section 438(2) Cr.P.C:-

i) that the petitioner shall make himself available for interrogation before the Investigating Officer as and when required;

ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as

to dissuade him/her from disclosing such facts to the Court or to any police officer;

iii) that the petitioner shall not leave the country, without prior permission of the Court and shall surrender his passport, if any.