Davinder Singh vs State of Punjab and another

Amarjot Bhatti, J

Petitioner Davinder Singh has filed 2nd petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in case FIR No. 115 dated 09.11.2023 (Annexure P/1) registered at Police Station Women, District Amritsar under Section 498-A of IPC.

Learned counsel representing petitioner referred to the order dated 08.01.2025 passed by the Coordinate Bench, which runs as under :-

“Office note indicates that Dasti service has been effected upon respondent No. 2. However, none has caused appearance on behalf of such respondent.

Status report by way of affidavit of Sh. Lalit Kumar, PPS, Assistant Commissioner of Police, Crime against Women, Amritsar (additional charge) filed in the Court today. The same be taken on record. A copy thereof has been supplied to learned counsel for the petitioner. Apprehending his arrest in FIR No. 115 dated 09.11.2023 registered for offences punishable under Section 498-A IPC at Police Station Women, District Amritsar; the petitioner has preferred this petition under Section 482 of BNSS seeking pre-arrest bail. Inter-alia contends that the genesis of the FIR in question is result of the matrimonial discord between the petitioner and respondent No. 2; the petitioner was always wiling to enter into an amicable settlement & the petitioner is willing to join investigation and cooperate therein. Adjourned to 28.01.2025. The petitioner is directed to appear before the Investigating Officer on 11.01.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of BNSS, 2023.”

It is pointed out that now matter has been settled between the parties and Compromise Deed dated 05.08.2025 is also produced. Petitioner is ready to abide by terms and conditions of bail order.

Mr. K.S. Bal, Advocate appeared on behalf of complainant/respondent No. 2 who also confirmed compromise arrived at between the parties.

Learned counsel representing State has not opposed bail petition filed by petitioner in view of compromise arrived at between the parties.

Considering the aforesaid factual position, no purpose would be served by sending petitioner behind the bars. Matter is already compromised. Therefore, interim bail already granted in favour of petitioner vide order dated 08.01.2025 stands confirmed, subject to the same terms and conditions envisaged under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

Petition is, accordingly, allowed.