Delhi High Court
Aditya Mehta vs The Gnct Of Delhi on 3 March, 2016
Author: Suresh Kait
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 03rd March, 2016
+ BAIL APPLN No.2605/2015
ADITYA MEHTA ..... Petitioner
Represented by: Mr.P.Banerjee, Adv.
versus
THE GNCT OF DELHI ..... Respondent
Represented by: Mr.Panna Lal Sharma,
APP for the State with SI
Parmod Kumar, PS
Subhash Place, Delhi.
Mr.Vineet Aggarwal,
Mr.Pankaj Arya &
Mr.Malkhan Singh, Advs
for complainant with
complainant in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
BAIL APPLN No.2605/2015
1. Vide the present petition filed under Section 438 of the Code of
Criminal Procedure, 1973, petitioner seeks anticipatory bail in case
FIR No.917/2014 registered at police station Subhash Place, Delhi for
the offences punishable under Sections 498A/406/34 of the IPC.
2. Vide order dated 01.12.2015 at joint request, matter was sent to
the Mediation and Conciliation Centre, Delhi High Court, New Delhi
wherein vide settlement dated 15.01.2016 matter has been settled
between the parties. It is agreed by the petitioner that he will pay an
amount of Rs.35.00 Lac in favour of complainant inter alia, as under:-
"a) That both the parties undertake that they shall
file a joint divorce petition U/S 13B(1) of HMA in
concerned Family Court, Delhi, within one week from
the date of signing of this Settlement Agreement. That
the First Party, at the time of recording of statement
in the first motion of the divorce petition filed U/S 13B
(1) of HMA in the concerned Family Court, Rohini,
Delhi shall hand over to the Second Party a draft for
an amount of Rs.10,00,000/- (Rs.Ten Lakhs only) in
the name of Second Party.
b) That the First Party undertakes to hand over to
the Second Party a draft for Rs.7,50,000/- (Rupees
Seven Lakhs Fifty Thousands Only) at the time of
passing of the order in the pending Bail Application
No.2606/2015 by the Hon'ble High Court of Delhi at
New Delhi.
c) xxxx
d) xxxx"
3. Learned counsel appearing on behalf of petitioner submits that
the an amount of Rs.10,00,000/- has already been paid to complainant
at the time of recording of statement of first motion petition and the
agreed part amount of Rs.7,50,000/- is being paid to her today vide
draft No.049902 dated 01.03.2016 drawn on Axis Bank in her favour,
which has been accepted by complainant, who is present today in the
Court through learned counsel, above named.
4. He further submits that amount of Rs.2,50,000/- shall be paid at
the time of recording of statement of second motion petition and
balance amount of Rs.15,00,000/- shall be paid to complainant at the
time of quashing of the FIRs.
5. Learned counsel appearing on behalf of complainant, on
instructions does not dispute the statement made by learned counsel for
petitioner and submits that the matter has been settled and the
complainant has no objection, if the present petition is allowed.
6. In view of above recorded facts and the settlement entered into
between the parties, the Investigating Officer/SHO concerned is hereby
directed to admit the petitioner in case of arrest in above noted case
FIR on his furnishing personal bond in the sum of Rs.25,000/- with one
surety in the like amount to their satisfaction. It is also directed that
in case of any change of address of petitioner or surety, the same shall
be communicated to learned Trial Court as well as IO/SHO concerned.
7. It is also directed that till the second motion petition is filed and
the FIRs are quashed, the petitioner shall not leave the country without
prior permission of learned Trial Court.
8. Both the parties shall remain bound by the terms and conditions
of the settlement dated 15.01.2016 and shall personally remain present
in the Court(s) at the time of recording of their statement for second
motion petition for divorce by mutual consent and quashing of the
FIRs.
9. In above terms, instant petition is allowed and disposed of.
Crl.M.(Bail)No.8250/2015
Dismissed as infructuous.
SURESH KAIT
(JUDGE)
MARCH 03, 2016
M
