RAM CHAND GUPTA - (1.) THE present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.114, dated 25.5.2011, under Sections 376, 493, 420, 498-A, 406, 506, 120-B IPC, registered at Police Station Dera Bassi, District SAS Nagar. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Mohali, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed. Brief allegations are that marriage of respondent no.2- complainant was solemnised on 11.3.2007. However, petitioner and his family members were not satisfied with the dowry given by parents of complainant and harassment started. A daughter was born out of the wedlock. THEre was allegation that complainant was compelled to bring Rs. 2.5 lacs from her parents. Petitioner and all the other accused pressurized the complainant that they had made an arrangement for sending the present petitioner to England and that visa could be obtained from the Embassy of England in case decree of divorce dissolving the marriage of the parties is obtained, as visa is not issued to a married person easily and hence, on the assurance of petitioner and his family members, respondent no.2 agreed for the same. It was represented that the said decree would be only a paper decree and their relations as husband and wife would continue.
(2.) ACCORDINGLY, a petition under Section 13-B of the Hindu Marriage Act was presented before the Court on 30.4.2009. Both the parties again appeared on 9.11.2009 and their marriage was dissolved by a decree of divorce vide judgment and decree dated 20.11.2009. However, despite passing of the decree of divorce, parties lived together and complainant became pregnant and she gave birth to a son on 10.10.2010. However, harassment continued. A coordinate Bench of this Court while issuing notice of motion passed the following order on 23.8.2011:- "Petitioner apprehends arrest in a case registered pursuant to complaint under Section 156(3) Cr.P.C. filed by Mamta Rani alleging that the petitioner and his family members had persuaded her to agree to a paper decree of divorce as the petitioner had to go abroad. Subsequently, the petitioner despite the divorce decree, maintained physical relations with her resulting in birth of a female child. Thereafter the complainant had allegedly been turned out of the house on the basis of divorce decree. On asking of the Court, counsel for the petitioner submits that the petitioner has still got intention to resume cohabitation and maintain his relationship with the complainant as his wife. It has also been informed that a petition for review of the order of divorce has been filed Crl.M.No.M-25217 of 2011(O&M) -3- which is pending before the matrimonial Court. Notice of motion for 14.10.2011. Meanwhile, an interim direction is issued that the petitioner will join the investigation on 3.9.2011. In case of petitioner doing so, he shall be released on interim bail to the satisfaction of the arresting officer. Mamta Rani daughter of Sh.Mangat Ram, resident of Gulabgarh Road, Preet Nagar, near Gurudwara, Ward No.3, Gali No.9/3 Dera Bassi, District S.A.S.Nagar, is impleaded as respondent no.2. A notice will be issued by the Registry to her for 23.9.2011, on which date she will appear before the Mediation and Conciliation Centre and will be paid a sum of Rs. 30,000/- as litigation and travelling expenses by the petitioner. The Mediation Officer will explore the feasibility of some amicable settlement and report on next date of hearing." Matter was also sent to Mediation and Conciliation Centre of this Court. Petitioner agreed to get the said decree of mutual divorce set aside and to rehabilitate the complainant-respondent no.2 in the matrimonial home.
(3.) THE same coordinate Bench of this Court passed the following order on 8.12.2011:- "Learned counsel for the petitioner states that he has got instructions to state that the petitioner is ready to resume cohabitation with complainant Mamta Rani. Learned counsel for the complainant has submitted that the complainant is ready for setting aside of the decree, alleged to have been obtained by mutual consent. An application for review is stated to be pending before Additional District Judge, SAS Nagar for 16.12.2011. Counsel for the petitioner seeks time to get instructions. Adjourned to 16.2.2012. Meanwhile, the petitioner and the complainant may appear before the matrimonial court in review application and seek review of the order of divorce obtained by them by mutual consent. Interim order to continue.";