Munfaid vs Ut Of Chandigarh And Anr on 7 November, 2017

CRM No.M-3282 of 2016
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No.M- 3282 of 2016(OM)
Date of Decision: November 7 , 2017.

Munfaid …… PETITIONER (s)
Versus
Union Territory, Chandigarh and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Deepkaran Dalal, Advocate
for the petitioner.

Mr. Rajiv Sharma, APP, U.T.

Mr. Gaurav Gupta, Advocate
for the complainant/respondent No.2.
*****

LISA GILL, J.

CRM No.34941 of 2017

Annexure A1 i.e., the terms and conditions of settlement dated

28.07.2017 arrived at between the parties is taken on record subject to just

exceptions.

Misc. application is disposed of.

CRM No.M-3282 of 2016

Prayer in this petition is for grant of anticipatory bail to the

petitioner in FIR No.10 dated 23.10.2015 under Sections 406/498A IPC

registered at Police Station Women, Sector 17, Chandigarh.

It is submitted that during the pendency of this petition, the matter

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CRM No.M-3282 of 2016
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has been amicably resolved between the parties. The terms and conditions of

the settlement have been reduced into writing on 28.07.2017 (Annexure A1).

The petitioner and respondent No.2 have decided to live separately. The entire

settled amount of `3,80,000/- has been handed over to respondent No.2.

Moreover, the petitioner has joined investigation. Therefore, it is prayed that

this petition be allowed.

Learned counsel for respondent No.2 verifies the factum of

settlement between the parties. It is affirmed that respondent No.2 has received

the entire settled amount. It is submitted that respondent No.2, in this situation,

has no objection in case this petition is allowed.

Learned counsel for Union Territory, Chandigarh verifies that the

petitioner has joined investigation and his custodial interrogation is not required.

There are no allegations on behalf of the State that the petitioner is

likely to abscond or that he is likely to dissuade the witnesses from deposing

true facts before the Court, if released on bail.

Keeping in view the facts and circumstances as above but without

commenting upon or expressing any opinion on the merits of the case, this

petition is allowed. Consequently, order dated 01.02.2016 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.

( LISA GILL )
November 7 , 2017. JUDGE
‘om’

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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