Delhi High Court
Ritesh Mittal vs State on 18 December, 2015
#25
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 18.12.2015
BAIL APPL. 1792/2015
RITESH MITTAL ..... Applicant
Through: Mr. Uday Gupta and
Mr. D.Bhowmick, Advocates along
with Dr.Ritesh Mittal, the applicant
in- person.
versus
STATE ..... Respondent
Through: Ms. Radhika Kolluru, APP along with
S.I.Sumitra.
Mr. Dharmendra Vashishtha and
Mr.Prince Jain, Advocates along with
Ms.Neha Garg, the complainant in-
person.
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
1. The present is an application under Section 438 Cr.P.C. 1973 seeking
pre-arrest bail in F.I.R. No.834/2015 under Section 498-A/406/34 IPC
Registered in Police Station Rajouri Garden, New Delhi.
2. The applicant, Dr.Ritesh Mittal and his complainant-wife, Ms.Neha
Garg @ Mittal @ Aggarwal are present in-person in court and state that they
have arrived at a comprehensive settlement qua all their outstanding marital
disputes. A copy of the said Memorandum of Understanding /Compromise
Deed/Settlement Deed dated 18th December, 2015, duly supported by
affidavits on behalf of Dr.Ritesh Mittal, the applicant and the complainant-
wife has been handed over in Court today. The same is taken on record.
3. The salient terms and conditions of the abovestated amicable
settlement are as under:-
"a) Rs.10,00,000/- [Rupees Ten Lakhs only] on 18.12.2015 before
Hon'ble Delhi High Court on which date hearing of Bail
Application No.1792/2015 is already fixed and the present
Memorandum of Understanding/Compromise Deed shall also be
duly presented before the Hon'ble Delhi High Court on the said
date to be taken on record.
b) Rs.20,00,000/- [Rupees Twenty Lakhs Only] at the time of
recording of statement in First Motion Petition.
c) Rs.15,00,000/- [Rupees Fifteen Lakhs Only] at the time of
quashing of FIR No.834/15 under sections 498 A/406/34 IPC,
P.S. Rajouri Garden, Delhi by the Hon'ble High Court of Delhi at
New Delhi."
4. In a nutshell it has been agreed by and between the parties that the
applicant shall pay a sum of Rs.60,00,000/- (rupees sixty lakh) in all to the
complainant-wife on the attainment of the milestones as elaborated in the
settlement. In pursuance to the aforesaid settlement a sum of
Rs.10,00,000/- (rupees ten lakh) by way of Demand Draft No.025310 dated
15/12/2015, in favour of Neha Aggarwal, has been handed over in Court
today to the complainant-wife who acknowledges receipt thereof subject to
encashment. The Aadhar Card and the passport in the name of the
complainant have also been handed over in Court today.
5. The agreement entered into between the parties is lawful and is
accepted. The parties are directed to comply with the terms and conditions
of the aforesaid settlement agreement without demur.
6. Since the subject F.I.R. came to be registered at the instance of the
complainant-wife and Dr.Ritesh Mittal on account of ideological and
temperamental differences between them which have been amicably
resolved by and between the parties as aforesaid, no useful purpose shall be
served by requiring the custodial interrogation of the applicant. Even
otherwise it is observed that the applicant has clear antecedants. Dr.Ritesh
Mittal is a budding dentist and has deep roots in the society.
7. The application is allowed. In the circumstances, in the event of his
arrest the applicant shall be released on bail on his furnishing a personal
bond in the sum of Rs.5,000/- with one surety of the like amount to the
satisfaction of the arresting officer/Station House Incharge. The application
is disposed of accordingly. Dasti.
SIDDHARTH MRIDUL, J
DECEMBER 18, 2015
bp
