JUDGMENT

Harsh Bunger, J.

Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail in case FIR No.114 dated 09.07.2018, registered under Sections 323 , 506 and 315 of the INDIAN PENAL CODE , at Police Station City Phagwara, District Kapurthala (Annexure P-1), especially in the event of her appearance before the trial Court, in compliance of summoning order dated 01.06.2022 (Annexure P-4), vide which, she has been summoned under Section 319 of the Code of Criminal Procedure.

2. Learned counsel for the petitioner has submitted that the petitioner is an old lady of around 65 years of age and was declared innocent during investigation. However, she has been subsequently summoned under Section 319 of the Code of Criminal Procedure, vide order dated 01.06.2022 (Annexure P-4) passed by the Additional Sessions Judge, Kapurthala. It is submitted that since the FIR in question, was registered on account of a family dispute, however, subsequently with the intervention of the respectables and other family members of the parties, the matter has been amicably resolved vide compromise/affidavit of the complainant dated 21.09.2022 (Annexures P-6 and P-7, respectively). It is further submitted that in furtherance to the aforesaid compromise between the parties, the petitioner along with others have already filed a petition bearing CRM-M-51460-2022, seeking quashing of FIR No.114 dated 09.07.2018, including challan/report under Section 173 Cr.P.C along with summoning order dated 01.06.2022 and all other subsequent proceedings arising therefrom, wherein, notice of motion has already been issued and the same is pending for 15.02.2023. It is next submitted that since the petitioner had been summoned under Section 319 of the Code of Criminal Procedure, accordingly, the petitioner filed an application seeking anticipatory bail before the learned Sessions Judge, Kapurthala, however, the same has been wrongly dismissed vide order dated 30.01.2023 (Annexure P-10). Learned counsel for the petitioner submits that another co-accused of the petitioner have already been granted interim bail by the coordinate Bench of this Court vide order dated 05.12.2022 (Annexure P- 11) passed in CRM-M-56172-2022, which reads as under :-

"Learned counsel for the petitioners has submitted that the petitioners have been summoned by the learned trial Court on the basis of an application under Section 319 Cr.P.C. He submitted that the petitioners are ready and willing to surrender before the learned trial Court within a period of two weeks from today and has prayed for protection in the meanwhile. He further submitted that now a compromise has been effected between the parties vide Annexure P-8 and in view of the compromise, a quashing petition based upon compromise has also been filed before this Court in which notice of motion has been issued.

Notice of motion.

Mr. Amit Rana, learned Senior Deputy Advocate General, Punjab accepts notice on behalf of respondent No.1 and Mr. Varinder Singh, Advocate has appeared on behalf of respondent No.2 and has filed his power of attorney which is taken on record. He prays for some time to file reply/affidavit.

In view of the undertaking given by the learned counsel for the petitioners on behalf of the petitioners that they will surrender before the learned trial Court within a period of two weeks from today, it is directed that they shall surrender before the learned trial Court within a period of two weeks from today. Till the time they appear and surrender before the learned trial Court, no coercive steps shall be taken against the petitioners. In the event of their surrendering and appearing before the trial Court, the petitioners shall be admitted to interim bail.

Adjourned to 12.04.2023."

3. Accordingly, prayer for anticipatory bail has been made by the present petitioner by way of filing the present petition.

4. Per contra, learned State counsel has although opposed the prayer