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Amritpal Singh Sarao vs State Of Punjab on 8 May, 2018

CRM No.M-5791 of 2018
-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No.M- 5791 of 2018(OM)
Date of Decision: May 08 , 2018.

Amritpal Singh Sarao …… PETITIONER (s)
Versus
State of Punjab …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. K.D.Sachdeva, Advocate
for the petitioner.

Mr. D.S.Sukarchakia, DAG, Punjab.

Mr. Rajnish K.Jindal, Advocate
for the complainant.
*****
1. Whether reporters of local papers may be allowed to see
the judgment?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
*****

LISA GILL, J.

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

petitioner in FIR No.04 dated 04.01.2018 under Sections 498A/406 IPC,

registered at Police Station Sadar, Sangrur.

It is informed that the matter has been amicably resolved between

the parties before the Mediation and Conciliation Centre of this Court on

22.03.2018. Settlement/agreement dated 22.03.2018 is attached with this file.

The petitioner and his wife, the complainant have decided to part ways.

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CRM No.M-5791 of 2018
-2-

Learned counsel for the petitioner submits that petition under

Section 13B of the Hindu Marriage Act, 1955 has since been filed by the

petitioner and the complainant. A sum of `11,00,000/- out of the total settled

amount of `21,50,000/- has been handed over to the complainant. It is submitted

that the petitioner undertakes to abide by the terms and conditions of the

settlement arrived at between the parties and hand over the balance of the settled

amount to the complainant in terms of the abovesaid settlement. It is further

submitted that the petitioner has joined investigation and he undertakes to face

the proceedings and not misuse the concession of anticipatory bail, if afforded to

him. Therefore, it is prayed that this petition be allowed.

Learned counsel for the complainant verifies the abovesaid factual

position and submits that in view of the settlement arrived at between the parties,

the complainant has no objection in case this petition is allowed.

Learned counsel for the State, on instructions from ASI Gurmeet

Singh, verifies that the petitioner has joined investigation and is not involved in

any other criminal case. There are no allegations on behalf of the State that the

petitioner is likely to abscond, if released on bail.

Keeping in view the facts and circumstances as above, specifically

the settlement arrived at between the parties, but without commenting upon or

expressing any opinion on the merits of the case, this petition is allowed.

Consequently, order dated 12.02.2018 is made absolute.

However, liberty is afforded to the complainant to move an

appropriate application in case the terms and conditions of the settlement arrived

at between the parties are not carried out by the petitioner.

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CRM No.M-5791 of 2018
-3-

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 )
May 08 , 2018. JUDGE
‘om’

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

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