Punjab-Haryana High Court
Kapil Bhardwaj vs State Of Punjab on 28 September, 2022
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
In the High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-44943-2022 (O&M)
Date of Decision:-28.9.2022
Kapil Bhardwaj ... Petitioner
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Ritesh Aggarwal, Advocate for the petitioner.
Mr. Luvinder Sofat, DAG, Punjab.
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GURVINDER SINGH GILL, J. (Oral)
1. The petitioner seeks grant of anticipatory bail/blanket bail apprehending his arrest in some FIR, which may be registered pursuant to a complaint dated 10.8.2022 (Annexure P-1) submitted by his wife Manpreet Kaur to the Senior Superintendent of Police, Mansa.
2. Notice of motion.
3. On asking of the Court, Mr. Luvinder Sofat, DAG, Punjab, upon whom an advance copy of petition had been served, accepts notice on behalf of the respondent-State.
4. Apparently it is a matrimonial dispute between the petitioner and his wife Manpreet Kaur. Their marriage was solemnized on 30.4.2021 and a daughter namely Kashvi was born out of the wedlock on 7.4.2022. However, on 1 of 2 ::: Downloaded on - 29-09-2022 08:46:31 ::: (2) CRM-M-44943-2022 (O&M) account of the strained relationship both the parties are litigating. While the petitioner has instituted a suit for permanent injunction (Annexure P-2) against his wife restraining the defendants from taking forcible custody of their daughter, the complainant i.e. the petitioner's wife has approached the police by way of filing complaint dated 10.8.2022 (Annexure P-1) seeking similar relief i.e. custody of the child. Both the parties, for reasons best known to them, have not chosen to approach the Family Court.
5. In any case, since the matter broadly arises out of a matrimonial dispute, it is directed that in case any FIR is lodged pursuant to complaint dated 10.8.2022 (Annexure P-1) and the petitioner is sought to be arrested, then one week's prior notice be furnished to the petitioner before effecting his arrest.
6. Both the parties would be well advised to avail of counseling/mediation as is available at Mediation and Conciliation Center at District Courts concerned.
7. It shall be open to either of the parties to move an appropriate application before the Mediation and Conciliation Centre either at Gurugram, Mansa or even before this Court. In case, any such application is filed, the Secretary of such Mediation and Conciliation Centre shall do the needful.
8. The instant petition stands disposed off accordingly.
28.9.2022 ( Gurvinder Singh Gill )
pankaj Judge
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
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