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2025 DAILYLAW 68440 (PNJ)

RANDHIR KAUR v. STATE OF PUNJAB

CRM-M/31754/2025 · 2025-06-24

Sanjay Vashisth

body2025

Judgment text

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CRM-M-31754-2025 - 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 201 CRM-M-31754-2025 Date of decision: 24.06.2025 RANDHIR KAUR ....Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. Rashmeet Singh, Advocate for the petitioner (Through VC). Mr. Manjinder Singh Bhullar, DAG, Punjab. Mr. Arshvir Sandhu, Advocate for the complainant (Through VC). SANJAY VASHISTH. J.(Oral) 1. Prayer in the present petition is for grant of anticipatory bail to the petitioner in a case FIR No.101 dated 05.10.2024, registered under Sections 406, 498-A IPC, at Police Station NRI, SAS Nagar. 2. On 06.06.2025, following order was passed:- “Prayer in the present petition is for grant of anticipatory bail to the petitioner in a case FIR No.101 dated 05.10.2024, registered under Sections 406, 498-A IPC, at Police Station NRI, SAS Nagar. It has been submitted by learned counsel for the petitioner that the petitioner before this Court is mother-in-law of the complainant, who has been falsely implicated in this case. He submits that complainant was married with son of the petitioner on 24.04.2016 and presently, he is residing in Portugal, whereas, the complainant alongwith the child is in India. He submits that parents-in-law of the complainant are already in the process of the mediation and they had provided residence to the complainant, but she has moved out of the matrimonial home and presently living with her parents. He submits that in the facts and circumstances of the case, no prima facie case is made out against the AMANDEEP GOSAIN 2025.06.24 20:03 I attest to the accuracy and integrity of this order/judgment CRM-M-31754-2025 - 2- petitioner. He submits that dehors the allegations made in the FIR, the petitioner is ready to appear for mediation for exploring the possibility of amicable settlement. He also submits that the husband of the complainant who is in Portugal should be allowed to appear before the Mediation Centre through virtual mode. Notice of motion. On asking of the Court, Mr.Karunesh Kaushal, AAG, Punjab, accepts notice on behalf of the State. Mr. Arshvir Singh Sandhu, Advocate, accepts notice on behalf of the complainant. He has opposed the submissions made by counsel for the petitioner on merits. He has submitted that the complainant alongwith her son has no source of income and she is at the mercy of her parents. However, he is also of the opinion that the matter can be referred to the Mediation Centre for exploring the possibility of amicable settlement. In view of the submissions made above, the parties are directed to appear before the Mediation and Conciliation Centre of this Court on 11.06.2025 for settling their dispute amicably. Husband of the complainant be also allowed to join the mediation proceedings through virtual mode. On appearance of the complainant before the Mediation and Conciliation Centre, the petitioner is directed to pay Rs.25,000/- as litigation expenses to the complainant. Let a Senior Mediator be appointed in the matter before the Mediation and Conciliation Centre of this Court. Adjourned to 24.06.2025. In the meantime, no coercive action shall be taken against the petitioner.” 3. Counsel appearing on behalf of the petitioner and complainant jointly informed the Court that the matrimonial dispute between the parties has already been resolved before the Mediation and Conciliation Centre of this Court and therefore there won’t be any objection if the prayer made in the instant petition by the petitioner is accepted by granting him anticipatory bail. 4. Since the dispute is matrimonial in nature and the same stands resolved, as contended by the petitioner, the learned State counsel has no objection to the contentions advanced by the respective counsels. AMANDEEP GOSAIN 2025.06.24 20:03 I attest to the accuracy and integrity of this order/judgment CRM-M-31754-2025 - 3- 5. In view of the fact that the dispute has been resolved before the Mediation and Conciliation Centre of this Court, as jointly got recorded by the counsel for the petitioner and the complainant, the instant petition is allowed and the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 6. Accordingly, petition stands disposed of. (SANJAY VASHISTH) 24.06.2025 JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AMANDEEP GOSAIN 2025.06.24 20:03 I attest to the accuracy and integrity of this order/judgment