Crl.M.No.29398-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.29398-M of 2010 Date of Order: 30.11.2010 Deesh Kaur .....Petitioner Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. N.S. Sodhi, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. Mr. Kuldip Sanwal, Advocate for the complainant. JASWANT SINGH, J (ORAL) Petitioner, who is mother-in-law of the complainant-Rajwinder Kaur has filed the present petition under Section 438 Cr.P.C for grant of anticipatory/pre arrest bail in case FIR No.374 dated 29.12.2008 under Sections 420/406/498-A/495/494/120-B IPC. It is stated that the petitioner is an aged lady and non-resident Indian residing in England. Husband of the complainant is also stated to be an NRI. Marriage between Jaswinder Singh-son of the petitioner and Rajwinder Kaur is stated to have been solemnized on 21.12.2007. As per allegations levelled in the FIR by the complainant, her husband-Jaswinder Singh and mother-in-law Deesh Kaur (petitioner) had cheated her by submitting that Jaswinder Singh was unmarried. It is also alleged that Jaswinder Singh after marriage had come thrice to India and cohabited with her in his village Todarpur, where he used to give beatings and threats and also demanded cash from her, lest the husband would return to England. It is submitted that the petitioner was declared a P.O and was arrested at the Airport, when she came to India on 12.9.2010 and was granted transit bail by the Additional Chief Metopolitan Magistrate, New Crl.M.No.29398-M of 2010 #2# Delhi vide order dated 13.9.2010 till 16.9.2010 with a direction to appear on or before 16.9.2010 before competent court at Jalandhar. Petitioner instead of surrendering before the court and seeking bail moved an application for grant of anticipatory bail before the learned Sessions Judge, Jalandhar, which was dismissed on 20.9.2010. Learned counsel for the petitioner states that the petitioner, who is 65 years old, was declared a P.O without following the due process of law. He further contends that from the allegations in the FIR, no offence is made out against the petitioner. He submits that pursuant to interim order passed by this court on 8.11.2010, petitioner has joined investigation and a compromise between the accused party and the complainant party has been effected. A formal compromise deed has also been drawn up, photo copy of which has also been handed over to the police officials. Learned counsel for the complainant, on instructions from the complainant-Rajwinder Kaur, who is present in court and identified by him, does not dispute this fact. He also admits that in terms of the compromise a sum of Rs.2 lacs by demand draft has been received. Learned state counsel, on instructions from HC Nonihal Singh, submits that the petitioner has joined investigation, therefore, her custodial interrogation is no longer required. In view of the aforesaid developments, interim protection/pre arrest bail granted by this court on 26.10.2010 is made absolute. It is further clarified that the passport of the petitioner shall not be released to her till the quashing of the FIR. November 30, 2010 ( JASWANT SINGH ) manoj JUDGE