- (1.) The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case arising out of FIR No. 99 dated 12.4.2012, registered at Police Station City, Ferozepur, under Sections 406, 498-A, 323, 34 IPC.
(2.) The petitioner has been given sufficient opportunities to settle the dispute with his estranged wife on an undertaking furnished by him on the basis of which notice of motion was issued. Learned counsel appearing for the complainant-respondent submits that despite the undertaking given by the petitioner, he has not arranged for a separate accommodation so as to give a new lease of life to the marriage and in fact the petitioner has no intention to honour his undertaking. A reference to zimni orders passed on different dates would be relevant:- "31.5.2012 The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case arising out of FIR No. 99 dated 12.4.2012, registered at Police Station City, Ferozepur under Sections 406, 498-A, 323, 34 IPC. Learned Counsel for the petitioner contends that this is a matrimonial dispute. The complainant has rushed for the criminal prosecution of the petitioner's family. This matter can be settled through reconciliation efforts of the police authorities as well as the courts. Learned Counsel for the petitioner submits that the allegations levelled in the FIR are vague. Learned counsel prays that in order to explore the amicable settlement of the dispute so as to save the matrimonial life of the petitioner and the complainant, interim relief may be granted. In view of this peculiar circumstance, I am inclined to grant interim relief. However, the petitioner will have to deposit Rs.20,000/- which shall be disbursed to the complainant-respondent No.2 towards litigation expenses of this petition. Notice of motion to the Advocate General, Punjab as well as respondent No.2 for 12.7.2012. Meanwhile, in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall, however, join the investigation as and when called for and he will also abide by the conditions as specified under Section 438(2) Cr.P.C. 10.9.2012 Learned Counsel for the parties state that the parties have settled the matter. They have agreed that they will reside separate from their respective parents. Learned Counsel for the petitioner, after seeking instructions from the petitioner,states that within two weeks he will arrange accommodation and from next week they will reside together. Keeping in view that the parties have decided to live together to await the outcome of the settlement and the adjustment in the matrimonial life, adjourned to 20.11.2012. 26.11.2012 Learned Counsel for the petitioner states that earlier there was a proposal to stay at Ludhiana separately but now father of the petitioner has met with an accident, as a result of which, he is not in a position to run the shop. In the changed circumstances, the petitioner is ready to reside separately in Ferozepur so that he may look after the business of his father. Counsel for respondent No.2, after seeking instructions from respondent No.2, who is present in the Court, submits that respondent No.2 shall not oppose the proposal if the petitioner will get separate residence at Ferozepur and she will be staying separately from the in-laws. Let this order be complied with by the petitioner within one week. He is directed to submit an affidavit to this effect. To come up on 7.12.2012. 7.12.2012 Learned Counsel for the petitioner has filed an affidavit that he has taken portion of the house No.46, Golden Enclave, Ferozepur, on rent from one Mr. Gulshan Kumar Uppal s/o Des Raj Uppal. There is no evidence to substantiate this contention. Learned Counsel for the petitioner is directed to file a copy of the agreement with the landlord and an affidavit also to the effect that the rental premises is carrying the household articles of daily needs. Adjourned to 13.12.2012. 13.12.2012 Rent agreement in Punjabi has been filed by Learned Counsel for the petitioner, which is taken on record. Learned Counsel for the petitioner seeks time to file translated copy of the agreement, photograph, along an affidavit. Adjourned to 01.2.2013. In the meantime, petitioner has assured this Court that he will take respondent No.2 tomorrow to the rented accommodation. 15.3.2013 Counsel for the petitioner after seeking instructions from the petitioner states that talks are going on with regard to the permanent settlement between the parties either to live together or part ways. Adjourned to 2.4.2013. No further adjournment shall be granted."
(3.) Today the learned counsel has submitted that the petitioner has not been able to comply with this undertaking given before the Court.;