Judgment:
CRM-M No.44291 of 2013 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.44291 of 2013.
Date of Decision : 19.05.2014.
Ritu Sharma ...Petitioner Versus State of Haryana & another ...Respondents CORAM:- HON'BLE Mr.JUSTICE TEJINDER SINGH DHINDSA.
Present: Mr.Sandeep Verma, Advocate for the petitioner.
Mr.Vikas Malik, Assistant Advocate General, Haryana.
*** Tejinder Singh Dhindsa, J.
(Oral) This order shall dispose of the instant petition preferred under Section 438 Cr.P.C.seeking the concession of anticipatory bail to the petitioner in case FIR No.259 dated 03.12.2013, under Sections 406, 420 IPC, registered at Police Station Pinjore, District Panchkula.
On 31.12.2013, while issuing notice of motion, the following order was passed by this Court :- “This is a petition under Section 438 Cr.P.C.for grant of anticipatory bail to the petitioner in case FIR No.259 dated 03.12.2013 under Sections 406/420 IPC registered at Police Station Pinjore, District Panchkula.
Counsel would contend that the dispute in question is purely civil in nature and with regard to the property in question, the complainant has already instituted a suit for declaration against the petitioner on 14.01.2010 in the Court of Civil Judge (Senior Division) Panchkula.
Counsel submits that on the face of it, as per allegations made in the FIR, the ingredients of Section 420 IPC are not made out.
Notice of motion for 21.01.2014.
Kanchan In the event of arrest, the petitioner be released on 2014.05.21 10:49 I attest to the accuracy and integrity of this document Chandigarh CRM-M No.44291 of 2013 2 interim bail subject to the satisfaction of the Arresting/ Investigating Officer.
The petitioner shall join investigation as and when called upon to do so and shall remain bound by the conditions enumerated under Section 438(2) Cr.P.C.”
.
Thereafter the matter was referred to the Mediation and Conciliation Centre of this Court to explore the possibility of an amicable settlement.
As per report dated 05.05.2014 of the Mediator, Mr.Ashwani Verma, the complainant has chosen not to associate with the Mediation and Conciliation proceedings even though notices were duly issued to her as well as to her counsel.
A perusal of the FIR would reveal that the dispute is essentially civil in nature and with regard to the same very property, the complainant has already instituted a suit for declaration in the Court of Civil Judge (Sr.Divn.).Panchkula.
That apart, even the bona fides of the present petitioner are not in doubt.
Insofar as effort for the settlement is concerned, a banker's cheque dated 27.03.2013 for an amount of `1 lac in favour of the complainant, namely, Smt.
Usha Marwari has been handed over to the Investigating Office, namely, ASI Brijpal in Court today.
Under such circumstances, custodial interrogation of the petitioner would not be warranted.
Accordingly, the present petition is allowed and the order dated 31.12.2013 passed by this Court is made absolute.
Petition disposed of.
May 19, 2014.
(TEJINDER SINGH DHINDSA) kanchan JUDGE Kanchan 2014.05.21 10:49 I attest to the accuracy and integrity of this document Chandigarh