In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 2408 of 2009 Date of Decision:May 30, 2009 Sawitri Devi ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. G.S.Sandhu,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG,Punjab Mr.Viney Puri, Advocate, for the complainant *** SABINA, J. Sawitri Devi-petitioner has filed this petition under Section 438 of the Code of Criminal Procedure (hereinafter referred to as “Cr.P.C.”) seeking anticipatory bail in FIR No. 988 dated 24.12.2008 under Sections 406/498-A/34 of the Indian Penal Code registered at police station Kotwali, Bathinda. At the time of issuance of notice of motion, following order was passed by this Court on 28.1.2009:- “Learned counsel for the petitioner has submitted that in an inquiry conducted by DSP (H) Bathinda, the petitioner was found innocent. The petition under Section 10 of the Hindu Crl. Misc. No. M- 2408 of 2009 -2- Marriage Act has been filed prior to the registration of this case by Mahesh Kumar, co accused. The present FIR is a counter blast to the said proceedings. Notice of motion to Advocate General, Punjab for 15.4.2009. In the meantime, in the event of arrest, the petitioner be admitted to interim bail subject to her furnishing personal bonds and surety to the satisfaction of the Arresting Officer. However, she shall join the investigation as and when called and shall abide by the provisions of Section 438(2) Cr.P.C.” Learned counsel for the petitioner has submitted that now the parties have arrived at a compromise and the petition seeking divorce on the basis of mutual consent will be moved by Mahesh Kumar and complainant Archana. Learned State counsel, who is assisted by HC Bhura Singh, has submitted that petitioner has joined investigation and is not required for further investigation. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed and the interim bail granted by this Court on 28.1.2009 is made absolute. (SABINA) JUDGE May 30, 2009 PARAMJIT