RUPINDER KAUR Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2012-10-194
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 08,2012

RUPINDER KAUR Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

- (1.) Challenge by way of this revision petition is to the order dated 20.1.2012 passed by learned Additional Sessions Judge, Patiala, whereby the application made by the petitioner under section 439 (2) Cr.P.C. for cancellation of bail granted to respondents No. 2 to 4 has been dismissed.
(2.) In a case registered by way of FIR No.136 dated 19.4.2011 at Police Station Tripuri, Patiala, District Patiala for an offence punishable under sections 406, 498-A read with section 34 of Indian Penal Code, pre-arrest bail was applied for by respondents No. 2 to 4, .. namely, Sarabjit Singh Dhaliwal, Balwinder Kaur and Nachhatar Singh. During the pendency of the said application under section 438 Cr.P.C., the parties reached a compromise. The total amount payable to the wife by her in-laws was settled at Rs. 16.00 lakhs. As a sum of Rs. 4.5 lakhs was paid by the in-laws to the petitioner and the remaining amount was payable at the time of passing of a decree of divorce by mutual consent and quashing of the FIR, the order allowing inrterim bail to respondents No. 2 to 4 was confirmed.
(3.) Subsequently, the parties could not stick to the terms of the compromise. The husband withdrew the petition under section 13-B of the Hindu Marriage Act, 1955 as well as the petition for quashing of the FIR. The husband and other accused refused to pay the remaining amount agreed to be paid to the complainant. It is on this ground alone that the cancellation of bail was applied.;


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