Rahul Sharma & Ors. vs State (Delhi Administration)
2015 Latest Caselaw 8723 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                               Judgment delivered on : November 23, 2015
+     BAIL APPLN. 1304/2015
      RAHUL SHARMA & ORS.                                 ..... Petitioner
                         Through:    Mr.Sanjay Suri and Mr.Nitin Sharma,
                                     Advocates.

                         versus

      STATE (DELHI ADMINISTRATION)                        ..... Respondent
                         Through:    Ms. Manjeet Arya, Additional Public
                                     Prosecutor for the State

      CORAM:
      HON'BLE MR. JUSTICE P.S.TEJI

                                  JUDGMENT

P.S.TEJI, J.

1. Aggrieved by the order dated 18.06.2015, passed by the learned

Additional Sessions Judge /Special Judge (NDPS), Vacation

Judge/Dwarka Courts, New Delhi, vide which the application seeking

anticipatory bail filed by the present petitioners was rejected, the

petitioners have filed the present bail application under Section 438

read with Section 482 of the Code of Criminal Procedure, 1973 for

seeking anticipatory bail in a case registered under FIR No.580/2015

dated 03.05.2015 under Section 313 and 323 of Indian Penal Code,

1860, Police Station Dabri, South West Distt., New Delhi.

2. Petitioner - Rahul Sharma is husband of the complainant -

Ruchika Sharma, and petitioner Nos.2 and 3 are the parents-in-law of

the complainant. The allegation levelled against the petitioners is that

the petitioners have harassed the complainant by giving beating to her

almost daily. It is also alleged that the petitioners were not in favour

of pregnancy and forced the complainant several time to get the same

aborted. It is also alleged that on 19.4.2015, the petitioners gave

merciless beating and kicked on complainant's stomach and thereafter

gave some liquid and took the complainant to a doctor at Shalimar

Gaon for abortion. It is also alleged that the husband of the

complainant did not allow her to contact her father and relatives. It is

only on 20.04.2015, when the father alongwith relatives of

complainant came to her in-laws house, they came to know about her

condition. It is also alleged that the petitioners threatened the

complainant to sign on some papers forcibly before getting the

pregnancy terminated.

3. Mr. Sanjay Suri, counsel for the petitioner submits that the

petitioners had neither demanded any dowry nor ill treated, nor

caused any cruelty, physical or mental to the complainant - Ruchika.

To controvert the allegations of incident of 19.04.2015, counsel for

the petitioner placed on record the transcript of telephonic

conversation of complainant - Ruchika with her brother - Vibhor,

which lasted for about 18 minutes and 22 seconds from Vibhor's

phone No.9953234556 to complainant's phone no.9958280666,

which clearly shows that the complainant was herself willing to

abortion due to the matrimonial differences with the petitioner No.1.

It is also contended on behalf of the petitioners that they have been

falsely implicated in the present case as according to complainant

herself, she had gone to her father's house on 20.04.2015 while the

FIR was lodged on 03.05.2015, just to injure and harass the

petitioners by getting them arrested in a false case. It is also

contended that the co-accused Mohit Sharma (Devar of the

complainant) has already been granted anticipatory bail vide order

dated 18.06.2015 and parity thereof is sought.

4. On 06th July 2015, when the matter came up before this court,

the parties to the petition were directed to appear before the Delhi

High Court Mediation & Conciliation Centre on 16th July 2015 and

thereafter, as and when called and subject to petitioners appearing and

co-operating in the mediation proceedings, they were directed not to

be arrested in this case.

5. The parties to the present petition have settled all their disputes

before the Delhi High Court Mediation & Conciliation Centre and a

Settlement Agreement dated 27.07.2015 was entered into and duly

signed by both sides before the Medication Centre.

6. On 6th November 2015, when the matter was called for hearing

before this court, the complainant-Ruchika Sharma appeared in

person and gave statement, on oath, before this court to the effect that

she had entered into a compromise with the petitioners and has no

objection if the bail, as prayed for, in the petition is granted to the

petitioners. The complainant was duly identified by the Sub-Inspector

Kamlesh, Police Station Dabri.

7. Ms. Manjeet Arya, Additional Public Prosecutor appears for the

State.

8. Considering the fact that both the parties have entered into the

Settlement Agreement to settle their inter-se disputes before the Delhi

High Court Mediation & Conciliation Centre and the fact that the

complainant - Ruchika has also given her no objection to the grant of

anticipatory bail to the present petitioners, it is ordered that in the

event of arrest, the petitioners - Rahul Sharma (husband), Pawan

Kumar (father-in-law) and Pushpa Sharma (mother-in-law), be

released on bail subject to their furnishing personal bond in the sum of

Rs.10,000/- each with one surety of the like amount to the satisfaction

of the arresting officer.

9. With aforesaid directions, the present bail application is

disposed of.

10. Dasti.

(P.S.TEJI) JUDGE NOVEMBER 23, 2015 pkb