High CourtsSingle Bench

Khushpal Singh and Another vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 17 March 2011 · Citation: (2011) 03 P&H CK 0089

HON’BLE JUDGES
Alok Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438(2) · Penal Code, 1860 (IPC) — Section 406, 498A
RESULT
Allowed
CASE NUMBER
CRM No. M-20134 of 2010
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Judgment

5 paragraphs · 297 words

Alok Singh, J.—This is an application seeking anticipatory bail in case FIR No. 25 dated 2.7.2010 under Sections 498-A/406 of the Indian Penal Code, Police Station Maqboolpura, District Amritsar.

2.

This Court vide order dated 16.8.2010 has directed to release the Petitioners on interim bail.

3.

Complainant is present in person in the Court. She was asked to remain present to explore the possibility of amicable settlement. She has stated that her sister-in-law has asked her to get her share in the property from her parents. She has further stated that her husband has demanded Rs. 2,50,000/- from her parents. She has stated that no other family member ever raised any demand either from her or from her parents. She has stated that she is not willing to go to her matrimonial home, even if Petitioners or husband give an undertaking before this Court to keep her with love and affection. On being asked as to whether any other family member has ever raised any demand, she said ''no''. Her statement do not corroborate the contents of FIR. It seems that she has lodged FIR with the wrong facts and she has concocted the story against the Petitioners and accused.

4.

Mr. Jaspreet Singh, learned Assistant Advocate General, Punjab, on instructions of ASI Sucha Singh, who is present personally in Court, has stated that Petitioners have joined the investigation and are co-operating in the investigation.

5.

Considering totality of the facts and circumstances of the case, petition is allowed. Order dated 16.8.2010 is made absolute, subject to the conditions mentioned u/s 438(2) Code of Criminal Procedure However, it is clarified that Petitioners shall keep on co-operating in the investigation and if they fail to do so, Investigating Officer shall be at liberty to get the bail cancelled.