CRM No.M-27038 of 2013 [1].IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH CRM No.M- 27038 of 2013(O&M) Date of Decision: April 4, 2014.
Rakesh .....PETITIONER (s) Versus The State of Haryana .....RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA Present: Mr.Gorakh Nath, Advocate, for the petitioner.
Mr.Shekhar Mudgal, AAG, Haryana.
Mr.Manoj Chahal, Advocate, for the complainant.
***** TEJINDER SINGH DHINDSA, J.,(Oral) This order shall dispose of the instant petition filed under Section 438 of Code of Criminal Procedure praying for the grant of anticipatory bail to the petitioner in FIR No.113 dated 30.03.2012, under Section 31 of the Protection of Women from Domestic Violence Act, 2005, registered at police station Civil Lines, Bhiwani, Haryana.
Learned counsel for the parties have been heard.
Perusal of the order sheets would reveal that this Court has been inclined to grant interim protection to the petitioner in the matter, subject to the Singh Omkar 2014.04.11 11:39 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-27038 of 2013 [2].petitioner clearing the entire outstanding amount of the arrears of maintenance awarded to the complainant under Section 125 Cr.P.C.as also under the provisions of the Protection of Women from Domestic Violence Act, 2005.
On 08.10.2013, while issuing notice of motion, the following order was passed by this Court:- “Learned counsel submits that the petitioner has already paid 50% of the outstanding amount towards arrears of maintenance to the complainant wife.
Notice of motion to Advocate General, Haryana for 26.11.2013.
In the event of his arrest, the petitioner be admitted to ad- interim bail by the Investigating Officer/Arresting Officer to his satisfaction.
He shall, however, abide by all the conditions as envisaged by Section 438(2) Cr.P.C.”
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Mr.Gorakh Nath, counsel for the petitioner would submit that a total amount of `1,75,000/- has been paid which is inclusive of `34,000/-, which has been handed over to Mr.Manoj Chahal, counsel for the complainant today in the Court.
Learned State counsel, upon instructions from SI Shish Ram, would apprise the Court that the petitioner had otherwise joined the investigation.
In the light of such factual matrix noticed above, the present petition is allowed.
Order dated 08.10.2013, is made absolute.
Petition disposed of.
( TEJINDER SINGH DHINDSA ) April 4, 2014.
JUDGE ‘om’ Singh Omkar 2014.04.11 11:39 I attest to the accuracy and integrity of this document Chandigarh