Disposed

Harinder Singh v. State of Punjab

Punjab & Haryana HC9 Aug 2024CRM-M/10945/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a dowry cruelty and criminal breach of trust FIR lodged by his wife. After he joined investigation pursuant to an earlier interim-bail order and no further interrogation was required, the court made the interim bail absolute subject to Section 438(2) Cr.P.C. conditions.

What did the court decide?

Interim anticipatory bail made absolute subject to conditions under Section 438(2) Cr.P.C.; petition disposed of.

Harinder Singh Vs State of Punjab — Dowry and Cruelty | Punjab & Haryana HC (2024)

¶1

CRM-M-10945-2024

¶2

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

202

¶5

Criminal Misc. No. M-10945 of 2024 Date of decision :-09.08.2024

Harinder Singh

…..Petitioner

Versus

State of Punjab and another

¶10

…..Respondents

¶11

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

¶12

Present:Mr. G.S. Dhindsa, Advocate for the petitioner.

¶13

Ms. Aakanksha Gupta, AA G , Punjab assisted by ASI Tejinderpal Singh.

¶14

NIDHI GUPTA J. (Oral)

¶15

The petitioner is seeking an t icipatory bail in FIR No.104 dated 11.12.2023 (Annexure P-1) under S ections 406 and 498-A IPC, registere d at Police Station Women Cell, P atiala.

¶16

On 13.3.2024, a co-ordina t e Bench of this Court had

¶17

passed th e following order :-

¶18

“ CRM-10990-2024

¶19

This is an applicati o n filed under Section 482 Cr.P.C for impleadment o f complainant as respondent No. 2 in the abovesaid petiti o n.

¶20

However, vide order dated 01.03.2024, she has already been impleaded as respondent No. 2, therefore, this application is disposed of as having been rendered infructuous. However, amended memo of parties filed by the applicant-petitioner is ta k en on record.

¶21

VIJAY ASIJA 2024.08.15 13.00 I attest to the accuracy and integrity of this document

¶22

CRM-M-10945-2024

¶23

¶24

CRM-M-10945-2024

¶25

The petitioner is see k ing pre-arrest bail in case FIR No. 104 dated 11.12.20 2 3, registered under Sections 406, 498-A of IPC, at P olice Station Women Cell, Patiala on the basis of written complaint filed by respondent No. 2, who is hi s wife levelling allegations of being subjected to cruelty a n d harassment at the hands of the present petitioner and other members of her in-laws family on account of dema n d of dowry and also being making allegations of her being subjected to mental harassment and further tha t her articles had been misappropriated by the member s of her in-laws.

¶26

Mr. Pardhuman Gar g , Advocate has appeared on behalf of the complainant a n d filed his power of attorney which is taken on record.

¶27

Status report by w a y of affidavit of Deputy Superintendent of Police, P BI, Crime against Women and Children, District Patia l a on behalf of resondent No. 1-State of Punjab has been fi led and the same is taken on record. Copy supplied to t he learned counsel for the petitioner.

¶28

It is argued by learn e d counsel for the petitioner that he has been falsely im p licated in this case and the subject offences are not ma d e out against him at all. His mother has already been e x tended the benefit of bail by the trial Court. He is ready to join the investigation and his custodial interrogation i s not required. Therefore, it is urged that the present pet i tion deserves to be allowed. At this stage, after making some discussion, learned counsel for the peti t ioner and respondent No. 2 have jointly submitted that s ince there are chances of an amicable settlement of di s pute between the parties,

¶29

VIJAY ASIJA 2024.08.15 13.00 I attest to the accuracy and integrity of this document

¶30

CRM-M-10945-2024

¶31

¶32

therefore, the matter may be referred to Mediation and Conciliation Centre of this C ourt.

¶33

Since the parties ar e ad idem, the petitioner as well as the complainant are directed to appear in person before the Mediation and Conciliation Centre of this Court on 02.04.2024.

¶34

The petitioner is d i rected to pay a sum of Rs.5,000/- as travelling exp e nses to respondent No. 2 on her appearance before th e Mediation Centre on that date. Adjourned to 14.05.2 0 24 for awaiting the report of the Mediator.

¶35

In the meantime, the petitioner is directed to appear before the Investiga t ing/Arresting Officer to join investigation within one week or as and when subsequently required ther e after. In the event of his arrest, the Investigating/Ar r esting Officer shall release the petitioner on inte r im bail on furnishing personal/surety bonds to his/her satisfaction. The petitioner shall also abide b y the conditions as envisaged under Section 438(2) Cr.P. C .”

¶36

Learned State counsel, on instructions informs that in terms o f the order passed by co-ord i nate Bench of this Court, reproduc e d above, the petitioner has j oined the investigation on 13.3.202 4 and no further interrogation is r equired at this stage.

¶37

In view of the above, the or d er dated 13.3.2024 granting interim b a il to the petitioner is made absolute.

¶38

However, the petitioner shall abide by the conditions stipulate d under Section 438(2) Cr.P. C . He shall also join the investiga t ion and cooperate with the inve s tigating agency in case he is required f or the same in future as and wh e n called upon to do so.

¶39

VIJAY ASIJA 2024.08.15 13.00 I attest to the accuracy and integrity of this document

¶40

CRM-M-10945-2024

¶41

¶42

In case at any given point o f time hereinafter, it is felt by the inve s tigating agency that the pet i tioner is required for the investiga t ion but is not cooperating, they will be at liberty to approach this Cour t for passing appropriate orders.

¶43

The petition stands disposed of.

¶44

August 0 9 , 2024 ( NIDHI GUPTA ) Vijay Asija JUDGE

¶45

Whether sp e aking/reasoned Yes / No Whether Re p ortable Yes / No

¶46

VIJAY ASIJA 2024.08.15 13.00 I attest to the accuracy and integrity of this document

Harinder Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Harinder Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Atul Sharma Vs Niloo Dhawan and Anr.

Seeta Rani Vs State of Punjab and Another

Kuldeep Kaur and Anr. Vs Jasvir Singh

Babita and Anr. Vs Prem Kumar

Nasib Kaur & Anr. Vs State of Punjab & Ors.

Rachna Devi and Anr. Vs Hemant Sharma and Ors.