Kulwinder Singh vs State Of Punjab on 24 November, 2017

205 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No. M- 15306 of 2017 (OM)
Date of decision : November 24, 2017

Kulwinder Singh …..Petitioner

Versus

State of Punjab ….Respondent

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Sherry K. Singla, Advocate for the petitioner.

Mr. Rahul Rathore, DAG, Punjab.

Mr. Jagjit Gill, Advocate for the complainant.

***
LISA GILL, J.

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

petitioner in FIR No. 57 dated 12.12.2016 under Section 406/498A IPC

registered at Police Station Women, District Bathinda.

At the time of issuance of notice of motion and grant of interim

relief to the petitioner, contentions on his behalf were noted as under:-

” Counsel for the petitioner inter alia contends that the
petitioner is ready to rehabilitate the complainant and take her
to the place of his posting at Amritsar. It is further submitted
that the complainant has levelled allegations against Pali Kaur
and Arshdeep Kaur, relatives of the petitioner but during
investigation, they have been found innocent. It is further
submitted that Court below allowed interim bail to the
petitioner but later dismissed his application primarily on the
ground that recovery of Rs.6 lakhs and gold ornaments is yet to
be effected. It is argued that no effort was made by the Court
below to explore possibility of an amicable settlement between
the parties.”

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It is to be noted that learned counsel for the complainant had

appeared on 03.05.2017 itself and the matter was placed before the

Mediation and Conciliation Centre of this Court. Mediation between the

parties failed. However, the matter was adjourned on request of learned

counsel for the parties to further explore the possibility of an amicable

resolution of the dispute.

The petitioner as well as the complainant, duly identified by

their counsel, are present in Court today. The complainant submits that she

is ready and willing to resume matrimonial ties with the petitioner. In case,

the petitioner is posted at a family station, she would join him there

otherwise she is ready and willing to live with her in-laws as well. The

petitioner, however, flatly refuses to cohabit with the complainant under any

circumstances. This stand taken by the petitioner now is in stark

contradiction to the statement made on his behalf on 03.05.2017. It appears

that the petitioner had taken such a stand only with a view to enjoy the

interim relief.

Keeping in view the conduct of the petitioner, no ground is

made out for affording the concession of anticipatory bail to the petitioner.

This petition is, accordingly, dismissed.

(Lisa Gill)
November 24, 2017 Judge
rts
Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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