202 IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. M- No. 36745 of 2016 (OM)
Date of decision : June 02, 2017
Bablu Sharma …..Petitioner
State of Punjab ….Respondent
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Anoop Singla, Advocate
for the petitioner.
Mr. Deep Singh, AAG, Punjab.
Mr. Saurabh Bhardwaj, Advocate
for the complainant.
LISA GILL, J.
Prayer in this petition is for grant of anticipatory bail to the
petitioner in FIR No. 95 dated 17.08.2016 registered under Sections 498A,
406 IPC at Police Station City Budlada, Mansa.
The matter was placed before the Mediation and Conciliation
Centre of this Court vide order dated 19.10.2016 as it was expressed by the
petitioner as well as the complainant – wife that there is a chance of
compromise. The matter was indeed amicably resolved. The terms and
conditions of settlement were reduced into writing on 05.12.2016.
Compromise deed dated 05.12.2016 is attached with this file. However,
certain amount to be remitted by the petitioner was not deposited. It was
stated before this Court on 27.01.2017 that the petitioner is not ready and
willing to abide by the settlement dated 05.12.2016. The petitioner was
directed to file an affidavit in this respect before the next date of hearing i.e.
22.03.2017. However, learned counsel for the petitioner on 22.03.2017
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submitted on instructions, that the petitioner was ready and willing to
comply with terms and conditions of the said settlement. A draft of `4 lakhs
would accordingly be presented by him on the next date of hearing. The
matter was adjourned on request of learned counsel for the petitioner.
However, none appeared on behalf of the petitioner on 05.04.2017 and the
following order was passed:-
” Despite the matter having been called twice, there is no
representation on behalf of the petitioner.
The following order was passed on 22.03.2017:-
” Learned counsel for the petitioner on instructions
submits that petitioner is ready and willing to comply
with the terms and conditions of the settlement dated
05.12.2016 arrived at between the parties before the
Mediation and Conciliation Centre of this Court.
Accordingly, a draft of `4,00,000/- in favour of the
minor child Dhruv Sharma shall be presented by the
petitioner on the next date of hearing.
On request, adjourned to 05.04.2017.”
Learned counsel for the complainant submits that in fact
the petitioner is not ready and willing to abide by the terms
and conditions of the settlement arrived at between the parties.
In the interest of justice, adjourned to 24.05.2017.
It is made clear that there is no interim order in favour of
the petitioner in this case.
Learned counsel for the petitioner be notified of the date
fixed in this case.”
Today, it is submitted by learned counsel for the petitioner that
he is unable to contact the petitioner despite best efforts and no instructions
are forthcoming from him.
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Keeping in view the conduct of the petitioner, this petition is
June 02, 2017 Judge
Whether speaking/reasoned : Yes
Whether reportable : Yes/No
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