Jaspreet Singh vs State of Punjab

S.S. Saron, J.—This petition u/s 438 Code of Criminal Procedure has been filed by Jaspreet Singh - Petitioner - husband of the complainant - Ms Angel, for the grant of pre arrest bail in FIR No. 128 dated 04.03.2010 for the offences under Sections 406/498A IPC registered at Police Station Sadar, Patiala.

Deliberations for amicably settling the matter were carried out and after discussions, the parties have mutually agreed to settle the matter amongst themselves on the following terms and conditions:

(i) That the Petitioner - Jaspreet Singh and his father Harji Singh shall pay a sum of Rs. 15 lacs to the complainant - Ms. Angel daughter of Mr Tek Singh for settlement of all claims inter se the parties including the claim of Mannya - the minor child of the parties i.e. the Petitioner and Respondent-2.

(ii) That the Petitioner and his father shall pay a sum of Rs. 2 lacs to Ms. Angel by 24.12.2010. An amount of Rs. 8 lacs shall be paid by 25.06.2011 and a sum of Rs. 5 lacs shall be paid by 16.11.2011.

(iii) This shall be the final settlement towards settlement of all present and future claims including, dowry, streedhana, expenses of marriage and upkeep of the minor child of the parties namely Mannya.

(iv) The custody of Mannya shall remain with Ms. Angel and the Petitioner shall have visiting rights but no claim to the custody of the minor child Mannya. The visiting rights shall be determined on mutual adjustments from time to time.

(v) The parties shall withdraw all their respective claims, applications, complaints, suits, which are pending against each other and in pursuance of this settlement the same shall be deemed to have been withdrawn.

(vi) The parties shall file a joint petition for dissolution of their marriage by a decree of divorce on mutual consent in terms of Section 13B of the Hindu Marriage Act, 1955 before the Court of competent jurisdiction. The petition shall be prepared by Mr. Sanjeev Manrai, Advocate for the Petitioner and the draft shall be sent to the Advocate for the complainant - Mr AS Jattana, Advocate.

(vii) On the mutual finalisation of the joint petition, the same shall be filed after the initial payment of Rs. 2 lacs has been made. The petition shall, however, not be finally decided by the competent court till the entire payment is made to the complainant - Ms. Angel.

(viii) The Petitioner and his relatives shall be entitled to file a petition for quashing the complaints/FIR registered against the Petitioner and his relatives and the complainant - Ms Angel shall give her necessary affidavit and consent for quashing the same, which shall, however, be disposed of when the entire payment has been made. Till such time, the formalities are carried out, proceedings amongst the parties shall remain stayed.

In view of the settlement as has been reached at, learned Counsel for the State has submitted that the custody of the Petitioner is not required for the purposes of investigation.

Accordingly, this criminal miscellaneous petition stands disposed of. In the event of arrest, the Petitioner on his furnishing personal bond and surety to the satisfaction of the arresting/investigating officer shall be admitted to bail. In case there is any breach of the terms and conditions of the settlement by either of the parties, the other party and/or the State as the case may be, would be entitled to revive the petition.