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Atul Chadha vs State Of Punjab & Another on 19 February, 2018

CRM No.M-10252 of 2017


Criminal Misc. No.M- 10252 of 2017(OM)
Date of Decision: February 19 , 2018.

Atul Chadha …… PETITIONER (s)


State of Punjab and another …… RESPONDENT (s)


Present: Mr. Varun Sharma, Advocate
for the petitioner.

Ms. Seena Mand, DAG, Punjab.

Mr. V.K.Thakur, Advocate
for the complainant/respondent No.2.
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?


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

petitioner in FIR No.0045 dated 02.06.2016 under Sections 498A/406 IPC,

registered at Police Station Sekhwan, District Batala.

It is submitted that the abovesaid FIR was registered due to

temperamental differences between the petitioner and respondent No.2. The

matter was compromised between the parties after the registration of this FIR

and matrimonial ties between the petitioner and respondent No.2 resumed.

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CRM No.M-10252 of 2017

However, it is submitted, the petitioner’s wife, respondent No.2 yet again left the

matrimonial home on 10.03.2017. Despite an effort for an amicable resolution

of the dispute between the parties before the Mediation and Conciliation Centre

of this Court, the matter could not be settled. In order to show his bona fides,

the petitioner has deposited an FDR to the tune of `1,00,000/- in favour of the

minor child with the mother as a guardian, without prejudice to his rights. The

petitioner undertakes to hand over another sum of `1,00,000/- in the shape of

FDR in favour of the minor child with the mother as the guardian within the next

five months. The petitioner, it is submitted, 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/respondent No.2 denies that

the complainant left the matrimonial home of her own accord on 10.03.2017, but

contends that she alongwith the minor child was turned out of the matrimonial

home. However, it is not denied that the parties could not arrive at an amicable

resolution of the dispute before the Mediation and Conciliation Centre of this

Court. It is affirmed that an FDR of `1,00,000/- in favour of the minor child has

been received by the complainant. She undertakes that the same shall not be

encashed till the child attains majority. The interest be permitted to be used by

her for the welfare of the child.

Learned counsel for the State, on instructions from HC Joga Singh,

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

other criminal case. Recoveries have been effected from the petitioner.

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

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CRM No.M-10252 of 2017

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 19.04.2017 is made absolute.

Needless to say, the deposit of the amount of `2,00,000/- by the

petitioner in favour of the minor child shall be without prejudice to his rights.

The FDR’s be not encashed till the child attains majority, though the interest

thereon can be used by the complainant for the welfare of the child.

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.

February 19 , 2018. JUDGE

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

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