[Cites 7, Cited by 0]
Punjab-Haryana High Court
Xxxxxxxxxxxx vs Xxxxxxxxxxxx on 27 April, 2026
CRM-M-21035-2026(O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
107
CRM-M-21035-2026(O&M)
Date of Decision:27.04.2026
DILAWAR SINGH ......Petitioner
Versus
STATE OF PUNJAB AND ANR ....Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr.P.S.Tiwana, Advocate
for the petitioner
Ms.Guramrit Kaur, DAG, Punjab.
Mr.Veer Vikram Singh Mann, Advocate
for respondent No.2.
****
KIRTI SINGH, J. (ORAL)
1. Prayer in the present petition filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), is for grant of anticipatory bail
to the petitioner, in case FIR No.08 dated 16.02.2025, under Sections 323, 406,
498-A IPC (Section 323 deleted later on), 115(2), 316(2) and 85 of BNS (Section
115(2) deleted later on) registered at Police Station Women, Amritsar.
2. Vide order dated 21.04.2026, passed by this Court, the petitioner was
directed to join investigation. The relevant portion of the said order is reproduced
hereinafter:-
"xxxx xxxx
Learned counsel for the petitioner submits that the genesis of the instant
FIR, vide which sweeping allegations have been levelled against the petitioner,
ANITA DEVI lies in the matrimonial disputes between the parties, marriage between whom, was
solemnized on 07.12.2024. It is submitted that though the first petition filed by the
petitioner for seeking anticipatory bail was dismissed vide order dated
17.03.2026, however, there has now been a material change in the circumstances,
inasmuch as the matter has been amicably settled between both the parties,
rendering the present petition as maintainable. Learned counsel for the petitioner
places reliance on the compromise along with affidavits which are at Annexures
P-2 to P-4. He also submits that the petition for quashing of the above-said FIR on
the basis of the said compromise, bearing CRM-M No.21467 of 2026, has also
been filed, which is pending adjudication before this Court.
Notice of motion.
On advance notice, Ms. Guramrit Kaur, DAG, Punjab appears and
accepts notice on behalf of State. She prays for an adjournment to file status
report to clarify the factual position. Mr. Veer Vikram Singh Mann, Advocate has
filed his vakalatnama on behalf of respondent No.2 which is taken on record. He
has not disputed the averments made by the learned counsel for the petitioner.
Adjourned to 27.04.2026, for filing of status report.
A perusal of the case file reveals that though the first petition for
anticipatory bail was opposed by the respondent/wife, and in view of the prima
facie gravity of the allegations, the same was dismissed by this Court; however,
now the parties have amicably settled their matrimonial dispute and have executed
a compromise deed to that effect. Accordingly, in view of the same, the petitioner
is directed to join investigation before the Investigating Agency/Officer. The
petitioner shall abide by the 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.
In view of the peculiar facts and circumstances of the case, this
Court deems it appropriate to also impose costs of Rs. 10,000/- each to be
deposited by the petitioner and respondent No.2 in the Poor Patient Welfare Fund,
PGIMER, Chandigarh and furnish a copy of the receipts on or before the next
date of hearing."
3. Status report by way of affidavit of Jaswinder Singh, PPS, Assistant
Commissioner of Police (Crime against Women and Children), Amritsar City,
filed by the learned State counsel is taken on record. Copy of the same has been
furnished to the learned the petitioner. Learned State counsel, while relying upon
the status report, submits that the petitioner has joined the investigation on
23.04.2026, a compromise has been effected between him and respondent No.2,
and no istridhan has been recovered during investigation
4. Having considered the aforesaid facts and circumstances, the petition
is allowed. Order dated 21.04.2026 passed by this Court, is hereby made absolute,
subject to the condition enumerated under Section 482(2) BNSS.
5. This order should not be treated as "blanket" order. It will not be read
as granting the petitioner(s) 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.
6.
2026.04.27 18:01 Liberty is reserved with the investigating agency/complainant to move
to this Court for a direction under Section 483(3) of BNSS, 2023 (erstwhile Section
439 (2) of Cr.P.C.), in the event of violation of any term, stipulated under Section
482(20 BNSS, or opon showing any other sufficient cuase.
7. Pending miscellaneous application(s), if any, also stands disposed of.
(KIRTI SINGH)
April 27, 2026 JUDGE
anita
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
