Punjab-Haryana High Court
Gurmit Kaur vs State Of Punjab on 10 April, 2024
2024:PHHC:049117
208 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-48030-2023
Date of Decision:10.04.2024
GURMIT KAUR ...Petitioner
Versus
STATE OF PUNJAB ...Respondent
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER
Present:- Mr. Sukhveer S. Killianwali, Advocate
for the petitioner.
Mr. Neeraj Madan, Sr. DAG, Punjab.
Mr. Sunil Agnihotri, Advocate for the complainant.
HARSH BUNGER, J.(Oral)
1. Prayer in the present petition has been filed under Section 438 of the
Code of Criminal Procedure seeking anticipatory bail in FIR No.139 dated
20.08.2022 registered under Sections 406, 420, 120-B of Indian Penal Code,
1860 and Section 24 of Immigration Act at Police Station Dasuya, District
Hoshiarpur.
2. On 23.11.2023 the following order was passed by a Co-ordinate
Bench of this Court:-
"1.Learned counsel, on instructions from the petitioner, submits that he
is ready for an amicable settlement with the complainant.
2. Learned counsel for the complainant is not averse to the above
submission of petitioner.
3. In view of the above, let parties i.e. petitioner as well as
complainant be relegated to the Mediation and Conciliation Centre of
this Court on 20.12.2023, to explore the possibility of an amicable
settlement, if any.
4. Report of the Mediator be awaited for 26.02.2024.
5. In the meanwhile, petitioner shall join investigation before the
Investigating Officer. In the event of her arrest, the Arresting Officer
would admit her to interim bail, till the next date of hearing, on
furnishing adequate bail and surety bonds to his satisfaction. The
petitioner shall also abide by all the conditions as envisaged under
Section 438(2) of the Code of Criminal Procedure, 1973."
3. In pursuance of the aforesaid order, the parties had appeared before
the Mediation & Conciliation Centre of this Court and report of the mediator has
authenticity of this order/judgment.
been received, wherein it has been stated that the parties have settled their dispute
by way of an amicable settlement/agreement dated 03.04.2024.
4. The relevant terms of the compromise/settlement read as under:-
"The following compromise/settlement has been arrived at between the
parties hereto:-
a) It is agreed/settled between the parties that a sum of Rs.3,25,000/-
(Rupees Three Lakhs and Twenty Five Thousand only) shall be paid by the first
party/petitioner-Gurmit Kaur to the second party/complainant-Gurjeet Singh as full and final
settlement of the instant dispute i.e. FIR No. 139 dated 20.08.2022 under Section 406, 420,
120-B of IPC and Section 24 of the Immigration Act, at Police Station Dasuya, District
Hoshiarpur, Punjab qua petitioner-Gurmit Kaur only and the dispute would be finally resolved
between the parties for all times to come.
b) That both the parties have mutually agreed that out of total amount of
Rs 3,25,000/- (Rupees Three Lakhs and Twenty Five Thousand only), an amount of
Rs.1,50,000/- (Rupees Twenty Five Thousand only) has been paid by the first party/petitioner-
Gurmit Kaur to the second party/complainant-Gurjeet Singh through his son/Special Power of
Attorney holder Kuljeet Singh by way of demand draft No.735917 dated 02.04.2024 drawn on
Punjab National Bank, Mahal, District Amritsar, today i.e. 03.04.2024 in the Mediation &
Conciliation Centre of this Hon'ble Court, which has been duly received by Kuljeet Singh,
son/S.P.A. of complainant.
c) It is further agreed by the parties that the balance amount of
Rs.1,75,000/- (Rupees One Lakh and Seventy Five Thousand only) shall be paid by the first
party/petitioner-Gurmit Kaur to the second party/complainant-Gurjeet Singh in two
instalments in the following manner:-
(i) The first instalment of Rs.75,000/- (Rupees Seventy Thousand
only) shall be paid through Demand Draft in favour of Gurjeet Singh (complainant) at the time
of recording of statement(s) of the complainant/second party before the Competent Court of
Jurisdiction for quashing of the above- mentioned FIR qua petitioner-Gurmit Kaur only.
(ii) The second/final instalment of Rs.1,00,000/- (Rupees One
Lakh only) shall be paid through Demand Draft in favour of Gurjeet Singh (complainant) at
the time of final quashing of the above-mentioned FIR qua petitioner-Gurmit Kaur only before
this Hon'ble High Court.
d) The first party/petitioner-Gurmit Kaur will file a petition for the
quashing of the FIR No. 139 dated 20.08.2022 under Section 406, 420, 120-B of IPC and
Section 24 of the Immigration Act, at Police Station Dasuya, District Hoshiarpur, Punjab in the
first week of May, 2024. The second party/complainant undertakes to cooperate and to make
the statement as required by law for Snel quashing of the above said FIR qua petitioner-Gurmit
Kaur only and he will have no objection in the quashing of the FIR qua petitioner-Gurmit Kaur
only.
e) Both the parties further undertake that they will not file any Civil or
Criminal litigation against each other in future with regard to the present dispute".
5. Learned counsel for the petitioner submits that pursuant to the
aforesaid order, the petitioner has joined the investigation.
6. Learned State counsel has not disputed the aforesaid fact of joining
of investigation by the petitioner and submits that his custodial interrogation is
not required at this stage.
authenticity of this order/judgment.
7. Learned counsel for the complainant has submitted that in pursuance
of the aforesaid settlement, the complainant has already received an amount of
Rs.1.50 Lacs and the balance amount has to be paid in the aforesaid terms and
conditions, settled between the parties.
8. Heard learned counsel for the parties.
9. Since the petitioner has joined the investigation and his custodial
interrogation is not required at this stage, the present petition is allowed and the
ad-interim order dated 23.11.2023 passed by a Co-ordinate Bench of this Court is
made absolute.
10. However, the petitioner shall continue to join the investigation as
and when required to do so and abide by all the conditions laid down under
Section 438(2) Cr.P.C.
11. It is made clear that if the petitioner fails to comply with any of the
bail conditions laid down under Section 438(2) Cr.P.C, the State would be at
liberty to move an application for cancellation of this anticipatory bail granted to
the petitioner.
12. It goes without saying that since the parties have amicably settled
their dispute, they shall remain bound with the terms of settlement arrived
between them.
13. Nothing expressed here-in-above shall be construed to be an
observation on merits of the case and the facts and circumstances recorded above
are only for consideration of the prayer for anticipatory bail at this stage.
14. The petition is accordingly disposed of.
April, 10.2024 (HARSH BUNGER)
himanshu JUDGE
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
authenticity of this order/judgment.
