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Manjit Kaur And Anr vs State Of Punjab And Anr on 28 November, 2018

Crl. Misc. M-34804-2018 -1-

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH

Crl. Misc. M-34804-2018 (OM)
Date of Decision: 28.11.2018

Manjit Kaur and another

…Petitioners

Versus

State of Punjab and another

…Respondent

CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR

Present: Mr. Rajat Dogra, Advocate, for
Mr. S.P.S. Sidhu, Advocate,
for the petitioner.

Ms. Rajni Gupta, Sr. DAG, Punjab.

Mr. Gurpreet Jayia, Advocate, for
Mr. Ravi Gakhar, Advocate,
for respondent No.2.

*****

JAISHREE THAKUR, J. (Oral)

This Court was pleased to pass the following order on

14.08.2018:-

“The petitioners herein prays for grant of
anticipatory bail in case FIR No. 74 dated 29.06.2018
under Sections 498A, 406, 377, 354 IPC, registered at
Police Station City Jalalabad, District Fazilka.

Learned counsel for the petitioners contends that
the petitioners herein being the parents of the husband of
the complainant are ready to settle the dispute amicably
and pray that the matter be referred to the Mediation

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Crl. Misc. M-34804-2018 -2-

and Conciliation Centre of this Court.

Notice of motion.

At this stage, Mr. Ravi Gakhar, Advocate, puts in
appearance and files power of attorney on behalf of the
complainant-respondent No.2, who opposes the grant of
anticipatory bail to the petitioners on the ground that the
recovery of the Istridhan that has been given, is yet to be
effected. Moreover, on an earlier occasion an attempt
was made to settle the dispute, did not result in any
positive action.

On the asking of the Court whether the
complainant would still be ready to enter into the
mediation process, counsel for the complainant, on
instructions, submits that the complainant would not be
averse to the mediation process while praying that no
undue advantage should be given to the husband in such
a situation.

I have heard learned counsel for both the parties
and deem it appropriate to refer the parties to appear
before the Mediation and Conciliation Centre of this
Court on 27.08.2018.

Husband is directed to pay a sum of ` 15,000/- to
the respondent-wife towards litigation expenses before
the Mediator, on the date fixed.

Meanwhile, the petitioners are directed to appear
before the Investigating Officer and hand over the
Istridhan, which is in their possessioin. In the event of
arrest, they be released on interim bail subject to their
furnishing personal bonds and surety to the satisfaction
of Arresting/Investigating Officer. However, the
petitioners shall join the investigation as and when
called upon to do so and shall abide by the conditions as

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provided under Section 438 (2) Cr.P.C.”

Learned counsel for the petitioners submits that in terms of the

order dated 14.08.2018, the parties appeared before the Mediation and

Conciliation Centre of this Court, where the matter has been compromised

between the parties.

Learned counsel for the respondent-State, on instructions from

the Investigating Officer and the counsel for the complainant confirm the

factum of compromise between the parties.

In view of the facts that the the parties have compromised the

matter, the petition is allowed and order dated 14.08.2018 granting interim

bail to the petitioners is made absolute subject to the conditions laid down

in Section 438 Sub Section 2 Clauses (i)(ii) and (iii) of the Code of Criminal

Procedure.

(JAISHREE THAKUR)
28.11.2018 JUDGE
Satyawan

Whether speaking/reasoned Yes
Whether reportable Yes/No

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