Allowed

Ajay Chhabra v. Ut of Chandigarh

Punjab & Haryana HC11 Dec 2013CRM-M/19181/2013

Case brief

AI extract

What is this about?

High Court of Punjab and Haryana granted anticipatory bail to Ajay Chhabra in a matrimonial dispute case involving Sections 406 and 498-A IPC. Post-compromise between parties, the petitioner was released pending investigation conditions, and a court deposit was ordered released to the complainant.

What did the court decide?

Petitioner released on anticipatory bail with conditions to join investigation as needed. Deposit of ` 5,00,000/- directed to be released to respondent-wife.

Ajay Chhabra Vs Ut of Chandigarh — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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Criminal Misc.No. M-19181 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc.No. M-19181 of 2013 Date of Decision: 11^th December, 2013

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Ajay Chhabra

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.. Petitioner

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Versus State of UT Chandigarh

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.. Respondent

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CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

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Present: Mr.Virender Singh,Advocate, for the petitioner.

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Mr.J.S.Toor, Addl.PP for UT-respondent No.1.

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Mr.Manoj Kumar, Advocate, for respondent No.2.

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Naresh Kumar Sanghi, J.

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Prayer in this petition is for grant of anticipatory bail to petitioner, Ajay Chhabra, who has been booked for having committed the offences punishable under Sections 406 and 498-A, IPC, in a case arising out of FIR No.222, dated 30.04.2013, registered at Police Station, Sector 34, Chandigarh.

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Learned counsel contends that the petitioner is the husband of the complainant, Nisha Kapoor; that due to intervention of the Mediator of Mediation and Conciliation Centre of this Court, better sense has prevailed amongst the petitioner and respondent No.2 and they have resolved their dispute and effected a compromise; that both the factions have decided to part ways and in consonance thereof, a petition under Section 13-B of the Hindu Marriage Act has also been presented before the court of competent

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Sharma Seema 2013.12.12 13:33 I attest to the accuracy and integrity of this document Chandigarh

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Criminal Misc.No. M-19181 of 2013

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jurisdiction; that in compliance of the order dated 29.07.2013 passed by this Court, the petitioner deposited ` 5,00,000/- with the Registry of this Court which may be released in favour of respondent No.2; and that the petitioner has joined the investigation and no more required by the Investigating Agency.

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Learned counsel for the State, on instructions from SI Harbhajan Singh, Police Station, Sector 34, Chandigarh, very fairly concedes that the petitioner did join the investigation and no more required by the Investigating Agency for custodial interrogation. He further submits that according to information received, respondent No.2/complainant has sorted out her dispute and effected a compromise with the petitioner.

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Learned counsel for respondent No.2 has also admitted the factum of compromise and has no objection if the petitioner is released on anticipatory bail. However, he submits that an amount of ` 5,00,000/- deposited by the petitioner be ordered to be released in favour of the complainant-Nisha Kapoor.

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I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.

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The present criminal litigation has arisen out of a matrimonial dispute. At the request of the learned counsel for the parties, the matter was referred to the Mediation and Conciliation Centre of this Court for effecting a compromise and due to intervention of the Mediator, the parties sorted out their disputes and effected a compromise. The petitioner has also joined the investigation.

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In view of the totality of the facts and circumstances of the

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Sharma Seema 2013.12.12 13:33 I attest to the accuracy and integrity of this document Chandigarh

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Criminal Misc.No. M-19181 of 2013

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case, the present petition is allowed. Interim directions issued by this Court vide order dated 29.07.2013 are made absolute.

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The petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 438(2), Cr.P.C.

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The amount of ` 5,00,000/- deposited by the petitioner with the Registry of this Court be released in favour of the complainant Nisha Kapoor, d/o Sh.Raj Kumar Kapoor, r/o H.No.3504, Sector 46-C, Chandigarh.

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December 11, 2013 seema

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(Naresh Kumar Sanghi)

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Judge

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Sharma Seema 2013.12.12 13:33 I attest to the accuracy and integrity of this document Chandigarh

Ajay Chhabra v. Ut of Chandigarh

Case brief

What is this about?

What did the court decide?

Ajay Chhabra v. Ut of Chandigarh

Case brief

What is this about?

What did the court decide?

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