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N.A. versus N.A.

High Court of Punjab and Haryana, Chandigarh

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n.a. v. n.a. - CRM-54176-m-2006 [2006] RD-P&H 10403 (13 November 2006)

Crl.M.No. 54176 M OF 2006.

Present : Mr.Gurcharan Singh, Advocate,

for the petitioners.

Mr.B.S.Baath, AAG, Punjab.

Mr.Balram Singh, Advocate,

for the complainant.

*******

The petitioners seek grant of regular bail in case FIR No.141, dated 4.7.2006, registered under Section 306 of the IPC, at Police Station Sadar Phagwara, District Kapurthala.

Counsel for the petitioners contends that the petitioners are the husband and the father-in-law of the deceased. Petitioner No.1's wife-Appi committed suicide by consuming some poisonous substance. The allegations with respect to demand of dowry etc. are false. It is contended that matrimonial differences between petitioner No.1 and his wife led her to commit suicide. It is further contended that after the registration of the FIR, the petitioners and the complainant have resolved their differences. A compromise, reduced into writing, is annexed as Annexure P-2. The complainant has also filed an affidavit, acknowledging the compromise.

The deceased's mother and the complainant are present in Court and support the compromise. It is prayed that in view of the aforementioned facts, the petitioners be released on bail.

Counsel for the State of Punjab submits that despite aforementioned compromise, as petitioner No.1's wife committed suicide, the present petition be dismissed.

I have heard learned counsel for the parties and perused the record.

The complainant, Smt. Rekha, who is the deceased's brother's Crl.M.No. 54176 M OF 2006 : 2 :

wife, and Smt. Daro, the deceased's mother, are present in Court. They have been identified by ASI Nachhattar Singh, the Investigating Officer of the present case. Smt. Rekha and Smt. Daro state that they have no objection, if the petitioners are released on bail. They have acknowledged the compromise (Annexure P-2), and Smt. Rekha has also acknowledged her affidavit, Annexure P-3. The petitioners have been behind bars since 4.7.2006. Investigation has concluded with the filing of the challan, whereafter charges have been framed. Further incarceration of the petitioners is unwarranted.

In view of the facts, noticed herein above, bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Kapurthala.

Nothing, stated herein, shall be construed to be an expression of opinion on the merits of the controversy.

( RAJIVE BHALLA )

November 14, 2006. JUDGE

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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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