Gurcharan Singh Vs State of Punjab — Cheating and Forgery | Punjab & Haryana HC (2025)

Gurcharan Singh Vs State of Punjab — Cheating and Forgery | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: ad-interim orders dated 29.05.2025 and 03.10.2025 made absolute, subject to (i) continued joining of investigation, (ii) compliance with Section 482(2) BNSS conditions, and (iii) surrender of passports (or affidavit of non-possession) within one week, failing which the order becomes non est; parties left free to act on the mediation settlement, with liberty to seek recalling/modification within six weeks.

Issue for consideration

Whether the petitioners are entitled to anticipatory (pre-arrest) bail under Section 482 of BNSS, 2023 in respect of FIR No.25 dated 05.03.2025 registered under Sections 420 and 406 IPC. +1 more

Ratio / Principle

Both petitions allowed; the ad-interim orders dated 29.05.2025 and 03.10.2025 are made absolute (anticipatory bail confirmed), since the petitioners had already joined the investigation and their custodial interrogation was not even asked for.

Key takeaways

As a condition, the petitioners shall continue to join the investigation as and when required and abide by all conditions laid down under Section 482(2) of BNSS, 2023.ratio¶¶48
The order is subject to the petitioners submitting their passports (if possessed) to the Investigating Agency or the concerned Court within one week; failing possession, they shall submit affidavits disclosing that they do not possess any passport.ratio¶¶50

Detailed headnote1 paragraphs

Anticipatory bail — Petitions under Section 482 BNSS, 2023 arising from FIR No.25 dated 05.03.2025, P.S. Sadar Batala, District Gurdaspur, for offences under Sections 420/406 IPC — Petitioners had joined investigation (29.07.2025 and 08.10.2025) and the investigating agency confirmed custodial interrogation was not required — Dispute amicably settled before the Mediation and Conciliation Centre, agreement reduced to writing on 28.11.2025 — Held: petitions allowed; ad-interim orders dated 29.05.2025 and 03.10.2025 made absolute, subject to (i) continued participation in investigation and compliance with Section 482(2) BNSS conditions, and (ii) surrender of passports within one week or affidavit of non-possession, default rendering the order non est — Parties at liberty to proceed in accordance with the mediation settlement for finalization of the criminal case; any affected party may seek recalling/modification within six weeks.

CRM-M-30652-2025 & connected case - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

204

CRM-M-30652-2025 Decided on : 17.12.2025

Gurcharan Singh . . . Petitioner(s) Versus State of Punjab . . . Respondent(s)

CRM-M-55563-2025 Harpreet Kaur . . . Petitioner(s) Versus State of Punjab and another . . . Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

PRESENT: ASI Ramesh Kumar, P.S. Sadar Batala, in-person.

SANJAY VASHISTH, J. (Oral)

On a call given by the High Court Bar Association, vide resolution dated 15.12.2025, lawyers are observing strike today also, and not appearing in the Court(s).

This order shall dispose of CRM-M-30652-2025 and CRM-M55563-2025 , as both the petitions are interconnected and have arisen out of same FIR. However, the lead case is CRM-M-30652-2025.

Prayer in these petitions, filed under Section 482 of BNSS, 2023 (corresponding to Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner(s), who have been booked for having committed the offences punishable under Sections 420, 406 of IPC, in a case arising out of FIR No.25, dated 05.03.2025, registered at Police Station Sadar Batala, Police District Batala, District Gurdaspur, Punjab.

JAWALA RAM 2025.12.18 16:11 I attest to the accuracy and authenticity of this document

CRM-M-30652-2025 & connected case

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While hearing both the petitions on 29.05.2025 and 03.10.2025,

following orders were passed by the Coordinate Benches of this Court:-

“ CRM-M-30652-2025

The present petition has been filed under Section 482 of the ‘Bharatiya Nagarik Suraksha Sanhita’, 2023 for grant of anticipatory bail to the petitioner in case FIR No. 25, dated, 05.03.2025, registered at Police Station Sadar, Police District Batala, District Gurdaspur, under Sections 420 and 406 of the Indian Penal Code, 1860.

Learned counsel for the petitioner inter alia contends that the petitioner is ready to pay the outstanding amount in view of the terms and conditions of the compromise, dated 17.07.2024 (Annexure P-2) executed inter se the parties.

Mr. Balram Singh, Advocate, appears on behalf of the complainant and has filed his memorandum of appearance in Court today. The same is taken on record.

Learned counsel for the complainant confirms that out of the total amount @ of Rs.41,00,000/-, the complainant has already received a sum of Rs.2,45,000/-.

Counsel for the petitioner further submits that the petitioner undertakes to pay a sum of `5,00,000/- by way of a demand draft, in favour of the complainant, within 7 days from today and thereafter, the remaining payment shall be paid to the complainant as per the terms and conditions of the aforesaid compromise executed between the parties.

Counsel for the complainant has consented for the aforesaid arrangement.

Since the time period to comply with the terms & conditions of agreement (Annexure P-2) had already expired, as such, in the opinion of this Court, it is a fit case for making a reference to mediation.

Notice of motion.

On the asking of the Court, Ms. Ramta Chowdhary, D.A.G., Punjab accepts notice on behalf of the respondent-State and seeks time to have instructions/file a reply.

Mr. Balram Singh, Advocate, accepts notice on behalf of the complainant. He is directed to file his ‘Vakalatnama’ by the next date of hearing. 11. The parties are directed to appear before the Mediation and Conciliation Centre of this Court on 06.06.2025 at 10:00 a.m. for exploring the possibility of an amicable settlement.

To await the report, list on 08.08.2025. 13. In the meantime, the petitioner shall surrender his passport before the Chief Judicial Magistrate, Gurdaspur. In case, the payment of `5,00,000/- is paid by the petitioner to the complainant, within the aforesaid period, i.e. within 7 days from today, no coercive action shall be taken against the petitioner, till the next date of hearing before this Court.

CRM-M-55563-2025

Apprehending her arrest in FIR No.25 dated 05.03.2025 registered for offences punishable under Sections 420, 406 of IPC at Police Station P.S. Sadar Batala, Police District Batala; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.

Counsel for the petitioner, inter alia, contends that the petitioner is a lady aged 39 years; the genesis of the FIR is a fall out of a matrimonial alliance which could not fructify; the complainant and the petitioner-side had entered into a settlement on 17.07.2024 but the same could not fructify & the petitioner is willing to join investigation and cooperate therein.

Notice of motion. On the strength of advance notice;Mr. Baljinder Singh Sra, Addl. AG, Punjab has entered appearance on behalf of the respondent-State of Punjab.

At this stage; Mr. Balram Singh, Advocate has caused appearance on behalf of the respondent No.2.

JAWALA RAM 2025.12.18 16:11 I attest to the accuracy and authenticity of this document

CRM-M-30652-2025 & connected case

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Adjourned to 14.10.2025. To be heard alongwith CRM-M-30652-2025.

The petitioner is directed to appear before the Investigating Officer on 08.10.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to her furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. She shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. ”

For the purpose of assistance, ASI Ramesh Kumar, P.S. Sadar Batala, appears in-person and confirms the factum of the petitioners having joined investigation on 29.07.2025 (in CRM-M-30652-2025) and 08.10.2025 (in CRM-M-55563-2025). He further submits that, as of now, custodial interrogation of the petitioners is not required for the purpose of investigation.

Moreover, dispute was referred to the Mediation and Conciliation Centre of this Court vide order dated 08.08.2025, passed in CRM-M-30652-2025, and in pursuance thereto, vide report dated 28.11.2025, received from the Mediation and Conciliation Centre of this Court, the parties have settled their dispute amicably way of an amicable settlement/agreement, which was also reduced in writing on 28.11.2025 before the said Forum. Said settlement/agreement dated 28.11.2025 is also placed on record of the case file, i.e., CRM-M-30652-2025 along with Mediation and Conciliation Centre report (F/B).

Record is perused and got apprised with the factual aspects of

the case.

Since the petitioners have already joined the investigation and their custodial interrogation is not even asked for, present petitions are allowed and the ad-interim orders dated 29.05.2025 and 03.10.2025, are hereby made absolute.

JAWALA RAM 2025.12.18 16:11 I attest to the accuracy and authenticity of this document

CRM-M-30652-2025 & connected case - 4 -

However, the petitioners shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 482(2) of BNSS, 2023

Petitions stand disposed of accordingly.

However, present order would be subject to the submission of their passports to the Investigating Agency or to Court concerned, if they possess, within a period of one week from today. Otherwise, they would submit their respective affidavits, disclosing the fact that they do not possess any passport.

It is clarified that in case, aforesaid condition is not complied with, this order would be considered as non est automatically.

It is further clarified that the respective parties may proceed in accordance with the settlement/agreement, so arrived at, before the Mediation and Conciliation Centre of this Court, for finalization of the proceedings in the criminal case(s), in accordance with law. Besides, it is again clarified that if any of the parties to the present petition are still affected, in any manner, they may file requisite application for recalling/modification of the today’s order, within a period of six weeks from today.

Misc. application(s), if any, also stand disposed of.

Photocopy of this order be placed on the file of other connected

case.

(SANJAY VASHISTH) JUDGE

December 17, 2025 J.Ram

Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

JAWALA RAM 2025.12.18 16:11 I attest to the accuracy and authenticity of this document