IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. Criminal Misc. No. M-2962 of 2011 (O&M) Jaspal Kohli … Petitioner Versus State of Punjab and another … Respondents 2. Criminal Misc. No. M-3271 of 2011 (O&M) Sumit Kohli and another … Petitioners Versus State of Punjab … Respondent Date of decision: 16th February, 2011 CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Narinder Singh Lucky, Advocate for the petitioners. Mr. Gazi Mohd., Deputy Advocate General, Punjab for the State. Mr. Gurinder Singh Attariwala, Advocate for the complainant. KANWALJIT SINGH AHLUWALIA, J. (ORAL) By this common order, Criminal Misc. No. M-2962 of 2011 preferred by Jaspal Kohli and Criminal Misc. No. M-3271 of 2011 preferred by Sumit Kohli son of Jaspal Kohli and Veena Rani wife of Jaspal Kohli under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioners in case FIR No.7 dated 17.01.2011 registered at Police Station Balongi, District S.A.S. Nagar under Sections 420 and 498-A IPC shall be decided together. In the present case, FIR was lodged at the instance of Rakesh Kumar Sangar. He stated that on 4th November, 2010 his family had performed ring ceremony of his sister Sheetal with Sumit Kohli son of Criminal Misc. Nos.M-2962 and M-3271 of 2011 (O&M) Jaspal Kohli. Customary gifts were given at the time of shagun and ring ceremony. Thereafter, the marriage was to be solemnized on 16th January, 2011. On the day of marriage, before the sapatpadi ceremony could be performed, family of the accused petitioners demanded Rs.15.00 lakh in dowry, due to which the alliance was called-off. During pendency of the present petitions, the dispute between the parties has been amicably resolved. Today, in the Court also, Mr. Narinder Singh Lucky, counsel for the petitioners and Mr.Gurinder Singh Attariwala, counsel for the respondent-complainant have also made an effort for amicable resolution of the dispute. This Court records its appreciation for the positive role played by counsel for the parties. Mr. Lucky has stated that the petitioners had already made payments to the Caterer and the marriage palace. It is further stated that the petitioners are ready to return the entire jewellery along with Rs.6.00 lakh in cash. The list of jewellery articles, duly signed by petitioner Jaspal Kohli and complainant Rakesh Kumar Sangar and counter-signed by counsel for the parties, has been handed over to Mr. Gazi Mohd., Deputy Advocate General, Punjab, who in turn has handed it over to the investigating officer. It is stated that the jewellery articles shall be deposited with the investigating officer immediately. Thereafter, the investigating officer shall return those articles to the complainant. An amount of Rs.5.00 lakh in cash has been handed over, in the Court, to complainant Rakesh Kumar Sangar. The remaining amount of Rs.1.00 lakh shall be deposited by the petitioners before the investigating officer within one week from today, which shall be disbursed to the complainant. Counsel for the parties have further agreed that in case a quashing petition is filed by the petitioners, the complainant shall facilitate quashing of the impugned FIR. 2 Criminal Misc. Nos.M-2962 and M-3271 of 2011 (O&M) Due to amicable resolution of the dispute between the parties, it is ordered that in the event of arrest, the petitioners shall be released on interim bail to the satisfaction of the arresting officer. However, they shall continue to join the investigation as and when called for. They shall abide by the conditions specified under Section 438 (2) Cr.P.C. In case they fail to cooperate with the investigating agency, the investigating agency shall be at liberty to file an application for cancellation of the bail granted to the petitioners. On submission of the report under Section 173 Cr.P.C., the trial Court shall accept the regular bail bonds of the petitioners. Both the present petitions stand disposed of accordingly. [KANWALJIT SINGH AHLUWALIA] JUDGE February 16, 2011 rps 3