Vashdev Sharma vs State of Punjab

Tejinder Singh Dhindsa, J.—This order shall dispose of CRM-M No. 44316 of 2013 titled as ''Vashdev Sharma @ Vasudev and another Vs. State of Punjab'' and CRM-M No. 1846 of 2014 titled as ''Avinash Vs. State of Punjab'' as both these petitions have been filed u/s 438 Cr.P.C. seeking the concession of anticipatory bail to the petitioners in FIR No. 101 dated 02.12.2013, under Sections 420, 406, 498-A, 120-B IPC, registered at Police Station Old Shalley, District Gurdaspur.

The complainant in both the cases is Meenu Sharma. Undisputedly, the complainant had got married to Kulbhushan Sharma (deceased) in the year 2011. Unfortunately, Kulbhushan Sharma expired on 14.02.2013.

Allegations in the FIR were primarily relating to maltreatment of the complainant as also demand of dowry. It had been contended on behalf of the petitioners in both these petitions that no such allegation had surfaced during the lifetime of the husband of the complainant. Further contention was that the FIR had been registered only to pressurize the family members of deceased Kulbhushan Sharma to transfer the property/business assets in the name of the complainant.

The parties had been referred to the Mediation and Conciliation Centre of this Court to explore the possibility of an amicable settlement.

Complainant Meenu Sharma is represented through counsel Veneet Sharma, Advocate and is herself present in Court in person. Complainant herself submits that before the Mediation Centre, she had raised a demand of Rs. 9 to 10 lacs towards full and final settlement for all the claims pertaining to herself as also her minor female child.

During the course of hearing on 22.4.2014 statement of counsel for the petitioners had been recorded that a demand draft of Rs. 5 lacs in the name of the complainant would be produced in Court. Such demand draft of an amount of Rs. 5 lacs in the name of the complainant has been handed over to Meenu Sharma in Court today.

Complainant Meenu Sharma further suffers a statement that she is ready to accept a total sum of Rs. 7 lacs i.e. Rs. 2 lacs over and above the demand draft handed over today, towards total and final settlement of all her claims including that of her minor child. Such demand is acceptable to the petitioners. Counsel appearing for the petitioners undertakes that further sum of Rs. 2 lacs would be paid to the complainant by way of demand draft within a period of 4 weeks from today.

Keeping in view the afore-noticed settlement arrived at between the parties and coupled with the fact that an amount of Rs. 5 lacs out of the total settled amount of Rs. 7 lacs has already been furnished to the complainant, this Court is of the considered view that the petitioners are entitled to the concession of pre-arrest bail. Accordingly, both the petitions are allowed. Order dated 31.12.2013 passed in CRM-M No. 44316 of 2013 and order dated 22.01.2014 passed in CRM-M No. 1846 of 2014 are made absolute.

It is further clarified that after the payment of balance amount of Rs. 2 lacs to the complainant, it will be open for the petitioners to file a petition seeking quashing of the FIR in question and in that eventuality the complainant would be bound to cooperate in the matter and not to object to the quashing of the FIR.

Petitions, accordingly, disposed of.