205 IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. No. M- 15306 of 2017 (OM)
Date of decision : November 24, 2017
Kulwinder Singh …..Petitioner
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
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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
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.
November 24, 2017 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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