This order grants anticipatory bail to petitioners (in-laws of the complainant) in a domestic dispute case involving sections 498A and 406 IPC after a settlement was reached between the parties.
Anticipatory bail granted subject to strict adherence to the settlement agreement; liberty to complainant to approach court if terms are violated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM No.M-2041 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No.M- 2041 of 2017(O&M)
Date of Decision: March 27 , 2018.
Bala Devi and another ...... PETITIONER (s)
Versus
State of Punjab and another
...... RESPONDENT (s)
CORAM:- HON'BLE MRS.JUSTICE LISA GILL
Present: Mr. Ashok Sharma Nabhewala, Advocate for the petitioners.
Ms. Seena Mand, DAG, Punjab.
Ms. Bhagyashri, Advocate for Dr. Diepa Singh, Advocate for the complainant/respondent No.2.
LISA GILL, J.
The petitioners, who are the parents-in-law of the complainant, seeks the concession of anticipatory bail in FIR No.0055 dated 28.11.2016 under Sections 406/498A IPC, registered at Police Station Women, SAS Nagar.
It is informed that the parties have amicably resolved the matter before the Mediation and Conciliation Centre of this Court on 29.11.2017. Settlement/agreement dated 29.11.2017 is attached with the file of this case. The petitioners' son and respondent No.2 decided to part ways. Petition under Section 13B of the Hindu Marriage Act, 1955 has been filed by the petitioners'
Omkar Singh 2018.03.28 17:45 I attest to the accuracy and integrity of this document High Court, Chandigarh
CRM No.M-2041 of 2017
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son and respondent No.2. Their statements at first motion have been recorded in the said proceedings. A sum of `1,00,000/- out of the settled amount has been handed over to respondent No.2 in terms of the settlement. The petitioners as well as their son undertake to hand over the balance amount as well as the dowry articles to respondent No.2 in terms of the settlement. It is submitted that the petitioners have joined investigation. Therefore, it is prayed that this petition be allowed.
Learned counsel for respondent No.2, on instructions from respondent No.2 who is present in Court, confirms that a sum of `1,00,000/- has been received by her. It is expressed that she has no objection in case this petition is allowed subject to the the petitioners and their son strictly adhering to the terms and conditions of the settlement.
Learned counsel for the State, on instructions from SI Harbhinder Singh, verifies that the petitioners have joined investigation and are not involved in any other criminal case. There are no allegations on behalf of the State that the petitioner is likely to abscond, if released on bail.
Keeping in view the facts and circumstances as above, specifically the settlement arrived at between the parties, but without commenting upon or expressing any opinion on the merits of the case, this petition is allowed. Consequently, order dated 23.01.2017 is made absolute.
It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition.
However, liberty is afforded to respondent No.2 to move an
Omkar Singh 2018.03.28 17:45 I attest to the accuracy and integrity of this document High Court, Chandigarh
CRM No.M-2041 of 2017
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appropriate application, in case the terms and conditions of settlement between the parties are not adhered to by the petitioners.
( LISA GILL ) March 27 , 2018. JUDGE ‘om’
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
Omkar Singh 2018.03.28 17:45 I attest to the accuracy and integrity of this document High Court, Chandigarh
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in FIR Nos. 498A/406 IPC given the settlement agreement.
Whether liberty to apply should be granted in case of non-compliance with settlement terms.
3 provisions across 2 enactments
Bala Devi and another
State of Punjab
Dr. Diepa Singh
Lisa Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
