Delhi High Court
Preetpal Singh @ Lovely vs State on 8 March, 2016
30
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 08.03.2016
BAIL APPLN. 56/2016
PREETPAL SINGH @ LOVELY ..... Applicant
Through: Mr Sanchit Dhawan, Advocate.
versus
STATE ..... Respondent
Through: Mr M.S.Oberoi, APP.
Mr Mohd. Azharuddin, Advocate for
complainant.
ASI Paramjit Singh, PS- Tilak Nagar.
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
1. The present is an application under Section 438 of the Code of
Criminal Procedure, 1973, seeking pre-arrest bail in FIR No.775/2015 under
Sections 406/498A/34 IPC registered at Police Station- Tilak Nagar, New
Delhi.
2. Counsel appearing on behalf of the applicant-husband as well as the
complainant-wife state that they have arrived at an amicable resolution of all
their outstanding matrimonial disputes. A signed copy of the memorandum
of settlement dated 09.02.2016 in this behalf has been handed over in court
today. The same is taken on record. The salient terms and conditions of the
settlement dated 09.02.2016 are as under:-
"1. In view of the settlement arrived at between
the Parties, an amount of ₹5,00,000/-
(Rupees Five Lakhs only) has been agreed by
the Parties as full and final settlement, to be
paid by the first Part to the Second Party and
the Second Party represents that she has
received all her articles and now nothing
remains due towards her from the First Party
except the payment, which shall be made by
the First Party as detailed below.
2. That the First Party has agreed to pay and the
Second Party has agreed to accept the
payments as follows:
a) An amount of ₹1,00,000/- (One Lakh
only) shall be paid by the First Party to
the Second Party by Cash/Demand
Draft at the time of grant of
anticipatory bail to the First Party in
Bail Application No. 56/2016 listed
before Hon'ble High Court of Delhi on
09.02.2016.
b) An amount of ₹ 1,50,000/- (One Lakh
Fifty Thousand only) shall be paid by
the First Party to the Second Party by
Cash/demand Draft at the time of
recording of the statement of the first
motion for divorce through mutual
consent, that shall be filed by the
Parties immediately after the disposal
of Bail Application No. 56/2016.
c) An amount of ₹ 1,50,000/- (One Lakh
Fifty Thousand only) shall be paid by
the First Party to the Second Party by
Cash/Demand draft at the time of
recording of the statement of the
second motion for divorce through
mutual consent.
d) An amount of ₹ 1,00,000/- (One Lakh
only) shall be paid by the first Party to
the Second Party by Cash/Demand
Draft at the time of recording of the
statement for quashing the FIR No.
775/2015 registered with P.S. Tilak
Nagar u/s 406/498A/34 IPC.
3. That the Second Party has filed a petition
pending before the court of Ms. Colette
Rashmi Kujur, Ld. MM, Mahila Court
(West), Tis Hazari Courts, Delhi, under
Section 12 of the Protection of Women from
the Domestic Violence Act, 2005 and the
same is now listed for ____ and the Second
Party undertakes to withdraw the same after
recording of the statement of the first motion
for divorce through mutual consent.
4. That the Second Party agree and
acknowledge that the receipt of abovesaid
payment from the First Party shall amount to
full and final settlement in lieu of all her
claims in respect of dowry and istridhan
articles as well as in respect of her present,
past and future maintenance including
permanent alimony.
5. That the Second Party is accepting the
aforesaid amount as full and final settlement
and the Second Party undertakes not to
demand any right, title or interest in the
movable or immovable property of the First
Party and hereby relinquishes all other
tangible and intangible rights thereof arising
out of the abovesaid wedlock. Further, the
Second Party shall undertakes that she shall
not be entitled to raise any claim or interest
other than for the realisation of the amount
mentioned hereinabove.
6. That the Parties declare that they are not at
any issue in respect of any claims such as
dowry & instridhan articles including
present, past & future maintenance including
permanent alimony and the present
Memorandum records the entire settlement
between the Parties.
7. That the Parties shall have no claims against
each other or against any of their family
members immediately after the dissolution of
marriage. The Parties also undertake not to
initiate any litigation in future after the
dissolution of marriage by Decree of Divorce
by mutual consent in respect of any
dispute/controversy touching their marriage
since all the controversies on each and every
count have been resolved and settled and
nothing now remains to be resolved.
8. That after execution of this Memorandum,
the Parties shall have no claim against each
other and both the Parties undertake that they
shall assist each other in filing the joint
petitions for dissolution of marriage by way
of mutual consent, as per law. It is also
settlement that the case any of the Party to
this Memorandum has filed any
complaint/report etc. which is not in the
knowledge of the other Party, the said
complaint/report etc. would be deemed to be
withdrawn immediately after the dissolution
of marriage by a decree of divorce by mutual
consent and the Party who has filed such
complaint/report etc. shall not pursue the
same any further as the disputes have been
amicably settled between the Parties.
9. That the parties have been read over and
explained the contents of this Memorandum
in vernacular and after having understood the
same, the Parties with sound mental health
have voluntarily agreed to execute this
memorandum without any force, pressure of
coercion from any side."
3. Counsel appearing on behalf of the parties in unison state that
pursuant to the aforesaid settlement dated 09.02.2016, a sum of
Rs.1,00,000/-, by way of a demand draft, has already been received by the
complainant-wife. The balance amount shall be paid in terms of the aforesaid
memorandum of settlement on the milestones stated therein.
4. The agreement between the parties is lawful and the same is accepted.
The parties shall now abide by the terms and conditions of the aforesaid
memorandum of settlement without demur.
5. In view of the foregoing, since the matrimonial dispute that led to the
registration of the subject FIR has been resolved amicably between the
parties without any undue influence, pressure or coercion no useful purpose
will be served by directing the custodial interrogation of the applicant.
6. Resultantly the application is allowed. In the event of his arrest the
applicant shall be enlarged on bail on his furnishing a personal bond in the
sum of Rs.15,000/- with one surety of the like amount to the satisfaction of
the Arresting Officer/Station House Incharge.
7. The application is disposed of accordingly.
SIDDHARTH MRIDUL, J
MARCH 08, 2016
mk
