RAM CHAND GUPTA, J. - (1.) THE present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no. 206 dated 20.05.2011, under Sections 406/498A IPC, registered at police station Sector 39, Chandigarh.
(2.) I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Chandigarh dismissing anticipatory bail application filed on behalf of the petitioner. Coordinate Bench of this Court while issuing notice of motion on 28.06.2011 passed the following order:- "Learned counsel for the petitioner states that petitioner has already filed suit for restitution of conjugal rights before the competent court and petitioner is still ready and willing to settle the dispute and to keep the wife with him. Wife Lalita be impleaded as respondent No.2. Let notice be issued to respondent No.2 on depositing Rs.10,000/- towards expenses to be paid to the wife Lalita within a week from today with a direction to appear before the Mediation and Conciliation Centre of this Court to explore the possibility of the settlement on 20.7.2011. Petitioner shall also remain present before the Mediation and Conciliation Centre on 20.7.2011. Meanwhile, it is directed that in the event of arrest of the petitioner, he shall be released on bail on furnishing his personal bonds and one surety of Rs.20,000/- to the satisfaction of the Arresting Officer, subject to the following conditions:- (i) that he shall make himself available for interrogation by a police officer as and when required; (ii) that he shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) that he shall not leave India without the previous permission of the Court. In case the petitioner fails to deposit Rs.10,000/- as directed above, the Investigating Officer shall be at liberty to get the bail cancelled."
(3.) IT has been contended by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated 28.06.2012. It is further contended that moreover dispute has since been settled between the parties and in view of compromise, parties have also obtained decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act.;