Delhi High Court
Gaurav Gupta vs State on 30 March, 2016
Author: Siddharth Mridul
#1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 30th March, 2016
+ BAIL APPLN. 979/2015
GAURAV GUPTA ..... Applicant
Through: Ms. Sheela Srivastava, Advocate
along with applicant
versus
STATE ..... Respondent
Through: Mr. Ravi Nayak, APP for the State
SI Koyal, P.S. Nihal Vihar
Complainant in-person
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 (Cr.P.C.) seeking pre-arrest bail in FIR No.
657/2014, under Sections 406/498A/34 IPC, registered at Police Station-
Nihal Vihar, Delhi.
2. The applicant (husband) as well as the complainant (wife), who are
present in Court today state in unison that they have entered into a
Memorandum of Understanding dated 30th March, 2016 qua all their
outstanding marital disputes, a copy of which has been handed over in Court
today. The same is taken on record.
3. The salient terms and conditions of the said Memorandum of
Understanding dated 30th March, 2016 are as follows:-
"1. In consideration of the dissolution of marriage arrived
between the parties hereto with the consent and
acknowledgement of their respective families, the First Party
shall pay a sum of Rs. 6,00,000/- (Rupees Six Lakhs only) by
way of cheque in installments as a full and final settlement of
the claims and/or the demands.
2. Whereas, First Party has paid the whole amount of Rs.
6,00,000/- (Rupees Six Lakhs only) by cheque alongwith
some seven documents like adhaar card and documents
related to bank account of the first party before the Hon'ble
High Court Coram of Hon'ble Mr. Justice Siddharth Mridul
in the following manner:-
i. I.O. Bank dated 08.10.2015 cheque bearing No. 558003 of
Rs. 2,00,000/- (Rupees Two Lakh only) in favour of First
Party.
ii. I.O. Bank dated 16.11.2015 cheque bearing No. 558004 of
Rs. 50,000/- (Rupees Fifty Thousand only) in favour of First
Party.
iii. I.O. Bank dated 14.01.2016 cheque bearing No. 558007
of Rs. 1,00,000/- (Rupees One Lakh only) in favour of First
Party.
iv. I.O. Bank dated 04.02.2016 cheque bearing No. 558006
of Rs. 50,000/- (Rupees Fifty Thousand only) in favour of
First Party.
v. I.O. Bank dated 08.03.2016 cheque bearing No. 558009 of
Rs. 2,00,000/- (Rupees Two Lakh only) in favour of First
Party.
3. The Second Party shall duly issue receipt and
acknowledge the payment made by First Party in full and
final settlement towards dissolution of the marriage.
4. In consideration of the agreement, payment and covenant
for the dissolution of the marriage as aforesaid, both the
parties hereto covenant and undertake to file appropriate
applications, petitions, jointly and/or severally as the
situation may so require before the appropriate Court or
Courts of law for dissolution of marriage/divorce of the
parties on the ground of mutual consent.
5. The Parties hereto covenants to withdraw all the
proceedings, claims, demands, allegations and complaints
whatsoever filed before any authority or authorities or court
of law or legal forum.
6. The parties hereto further covenants not to claim or make
any demand henceforth against each other whatsoever.
7. The petition drawn up and executed for mutual divorce
will be filed by the parties forthwith.
IN WITNESS WHEREOF, the parties hereto have set their
hands of this memorandum on this day and year above
written."
4. The agreement entered into between the parties is lawful and the same
is hereby accepted. The parties shall now abide by the terms and conditions
thereof without demur.
5. In the present case, it is observed that pursuant to the above
Memorandum of Understanding dated 30th March, 2016, the entire sum of
Rs. 6,00,000/- has been received by the complainant (wife). She
acknowledges receipt thereof.
6. 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
(husband) herein.
7. Resultantly, the present bail application is allowed.
8. In the event of arrest of the applicant herein, he shall be enlarged 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 In-charge subject to the condition that he shall comply with the
reciprocal promises made by him as recorded in the said Memorandum of
Understanding dated 30th March, 2016.
9. The present bail application is disposed of accordingly.
SIDDHARTH MRIDUL, J
MARCH 30, 2016
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