CRM-M-1006-2025(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 205 CRM-M-1006-2025(O&M) Date of Decision: 22.05.2025 Hanish Thakur ...Petitioner(s) Versus State of Punjab and another ...Respondent(s) CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present:- Ms. Rashika Bansal, Advocate for the petitioner. Ms. Aakanksha Gupta, AAG, Punjab. Mr. Harsh, Advocate for Mr. Munish Puri, Advocate for respondent No.2. ***** KIRTI SINGH, J. (Oral) 1. Apprehending arrest, the petitioner has filed this petition under Section 482 of BNSS for grant of anticipatory bail in case bearing FIR No.64 dated 06.11.2024, under Section 498-A IPC, registered at Police Station Purana Shalla, Tehsil & District Gurdaspur. 2. This Court on 14.01.2025 while issuing notice of motion, stayed the arrest of the petitioner and passed the following order:- “Apprehending arrest in FIR No.64 dated 06.11.2024, under Section 498-A IPC, registered at Police Station Purana Shalla, Tehsil & District Gurdaspur, the petitioner has preferred this petition under Section 482 BNSS, 2023 for grant of pre-arrest bail. Learned counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in this case. After 28 days of the marriage, the wife of the petitioner has left the matrimonial house on her own free will. There is no KAPIL 2025.05.23 14:12 I attest to the accuracy and integrity of this document CRM-M-1006-2025(O&M) 2 MLR to substantiate the allegations leveled by the complainant. He further submits that the petitioner is willing to settle the dispute. Notice of motion. At the asking of the Court, Mr. Adesh Pal Singh, AAG, Punjab, accepts notice on behalf of respondent No.1- State and waives service. The parties are directed to appear before the Mediation & Conciliation Centre of this Court on 21.01.2025 at 11:00 a.m for working out a possible amicable settlement. Needless to say that parties shall remain present on each & every date fixed by the said Forum. For awaiting report, adjourned to 20.02.2025. Meanwhile, arrest of the petitioner shall remain stayed. The petitioner shall pay a sum of Rs. 20,000/- as litigation expenses to respondent No.2 by way of a demand draft on the date fixed before the Mediation & Conciliation Centre of this Court.” 3. Further this Court vide order dated 06.05.2025, had directed the petitioner to join the investigation and passed the following order:- “Vide order dated 14.01.2025, the parties were directed to appear before the Mediation & Conciliation Centre of this Court for working out a possible amicable settlement. Report dated 22.04.2025 has been received from the Mediator, according to which, the matter has been settled. The petitioner and respondent No.2 along with her brother, namely Manjit Singh, are present in person in Court today. The petitioner has handed over Rs.1,25,000/- (in cash) to respondent No.2. Adjourned to 22.05.2025. Interim order to continue. In the meantime, the petitioner shall join investigation before the Investigating Agency/Officer. He shall abide by the KAPIL 2025.05.23 14:12 I attest to the accuracy and integrity of this document CRM-M-1006-2025(O&M) 3 following conditions as envisaged under Section 482(2) BNSS, 2023;- 1) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so. 2) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts to the case so as to dissuade him from disclosing such facts to Court or to any police officer. 3) That the petitioner shall not leave India without prior permission of the Court. Needless to mention that the investigating agency/officer shall continue with the investigation of the case in usual manner. 4. Learned State counsel on instructions from ASI- Manjeet Singh- Investigating Officer(s), submits that in compliance of the aforesaid order, the petitioner has joined the investigation and is not required for any further investigation. 5. Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 06.05.2025 passed by this Court, is hereby made absolute. 6. This order should not be treated as "blanket" order. It will not be read granting the petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 7. This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner. KAPIL 2025.05.23 14:12 I attest to the accuracy and integrity of this document CRM-M-1006-2025(O&M) 4 8. The accused/petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any police officer. 9. The accused/petitioner shall not leave India without prior permission of the Court. 10. The accused/petitioner shall join the investigation as and when called by the police. 11. It will be open to the police or the investigating agency to move to this Court for a direction under Section 483(3) of BNSS (erstwhile Section 439(2) of the Code of Criminal Procedure, 1973) to arrest the accused, in the event of violation of any term, such as absconding, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. (KIRTI SINGH) 22.05.2025 JUDGE Kapil Whether speaking/reasoned Yes/No Whether reportable Yes/No KAPIL 2025.05.23 14:12 I attest to the accuracy and integrity of this document