Punjab-Haryana High Court
Baldev Kaur @ Gurdev Kaur And Another vs State Of Punjab And Another on 8 May, 2009
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-10086 of 2009
Date of decision: 8th May, 2009
Baldev Kaur @ Gurdev Kaur and another
... Petitioners
Versus
State of Punjab and another
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Harsh Aggarwal, Advocate for the petitioners.
Mr. Mehardeep Singh, Assistant Advocate General, Punjab
for the State.
Mr. Arun Takhi, Advocate for the complainant.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Present petition has been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail to the petitioners in case FIR No. 101 dated 03.04.2009 registered at Police Station Sadar, Hoshiarpur under Sections 406, 498-A IPC.
On April 17, 2009, this Court had passed the following order:
"On oral prayer, counsel for the petitioner is permitted to carry necessary corrections in the petition. The necessary corrections to be made be initialled by the counsel.
Petitioners are mother-in-law and father-in-law of the complainant. Counsel for the petitioners submits that petitioners are willing to resolve the dispute amicably. Complainant can be rehabilitated in the matrimonial home or part gracefully. Counsel for the petitioners further submits that on oral prayer, complainant Jaswinder Kaur wife of Amarjit Singh, daughter of Gurnam Singh, resident of village Bharamjit, Tehsil and District Hoshiarpur, be impleaded as Criminal Misc. No. M-10086 of 2009 2 respondent No.2. Request of counsel for the petitioners is accepted.
Jaswinder Kaur be impleaded as respondent No.2 Counsel for the petitioners has further submitted that petitioners are ready and willing to bear the expenses of engagement of counsel and causing of appearance of Jaswinder, complainant, in this Court.
To test their bonafide, let petitioners at first instance deposit Rs.25,000/- in the Registry of the Court which shall be disbursed to the complainant Jaswinder Kaur on her appearance in this Court.
On deposit of amount, notice of motion be issued for 8.5.2009.
Meanwhile, in the event of arrest, petitioners shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioners shall join investigation as and when called for. Petitioners shall also abide by the conditions specified under Section 438(2) Cr.P.C."
Today, parties have arrived at a compromise. Statements of Jaswinder Kaur, respondent No.2 and Avtar Singh petitioner No.2 have been recorded separately. They be read as part of this order.
In view of the compromise arrived at between the parties, pre- arrest bail granted to the petitioners vide order dated April 17, 2009 is affirmed till presentation of report under Section 173 Cr.P.C. (challan). Thereafter, petitioners will be permitted to furnish regular bail bonds to the satisfaction of the trial Court. However, complainant is granted liberty to approach this Court for cancellation of bail in case compromise arrived at, is not adhered to.
With these observations, present petition is disposed off.
[KANWALJIT SINGH AHLUWALIA] JUDGE May 8, 2009 rps