Delhi High Court
Kaushaliya Bhambhani vs State And Anr on 24 November, 2017
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Order reserved on 20th November, 2017
Order pronounced on 24th November, 2017
+ CRL.REV.P. 631/2015
KAUSHALIYA BHAMBHANI ..... Petitioner
Through: Mr. Vishwendra Verma and Ms. Shivali,
Advocates.
versus
STATE & ANR ..... Respondents
Through: Mr. Mukesh Kumar, APP for the State.
Mr. Manish Makkar, Advocate for R-2.
CORAM:
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
Crl. M. A. No. 16954/2017 (Condonation of Delay)
This is an application under Section 5 of the Limitation Act read
with Section 482 Cr.PC seeking condonation of 174 delay in filing the
application.
Heard.
For the reasons stated in the application, the delay in filing the
application is condoned.
Application stands disposed of.
Crl. M. A. No. 16953/2017 (Restoration)
The present application has been filed by the petitioner under
Section 482 Cr.PC for restoration of the Criminal Revision Petition No.
631/2015 which was dismissed in default on 18.04.2017.
Learned counsel for petitioner submits that the respondent No. 2/
Simmi Kathpal had entered into an agreement dated 02.05.2016 with the
petitioner and assured him that she would withdraw the complaint filed
by her vice-versa the property bearing No. CC-16-B, Shalimar Bagh,
Delhi-110088 shall vest with the respondent No. 2 and she shall pay
Rs.88,00,000/- and when the said property got registered in her name
after receiving the entire money, she would maintain the petitioner during
her lifetime but after the aforesaid agreement, she resiled from the said
agreement after the suit filed by the petitioner was got withdrawn.
Learned counsel further submits that though the compromise was arrived,
the same has not been complied with.
Learned counsel for the respondent No. 2 has no objection if the
application for restoration of the present petition is allowed.
Heard.
Keeping in view of the aforesaid submissions, the application is
allowed and Criminal Revision Petition No. 631/2015 is restored to its
original number and stage.
Crl. M. A. 18471/2017 (for disposal of suspension of sentence)
The petitioner was produced before the concerned Trial Court on
25.10.2017 on execution of NBWs issued against him. The petitioner
herein was sent to judicial custody vide order dated 25.10.2017, which
reads as under :
"xxxxx The convict had also filed revision against
the order dated 16.09.2015 of Ld. Sessions Court in
the Hon'ble High Court of Delhi. The revision
petition a was dismissed in default by Hon'ble High
Court of Delhi vide order dated 15.04.2017.
thereafter, on 05.07.2017, Ld. Counsel for the
complainant apprised the court that the convict has
not paid the compensation amount. On the said
date, the court issued NBWs against the convict.
On 25.07.2017, a joint application for
compounding of offence was moved on behalf of
both the parties. Convict undertook to pay the
compensation amount of Rs.35 Lakh on or before
25.09.2017. Statement of both teh complainant and
the convict was recorded separately. However, on
25.09.2017, the complainant apprised the Court
that the convict has not paid the compensation
amount. The court was constrained to issue NBWs
against convict for 14.10.2017 as no one had
appeared on her behalf. On 14.10.2017, learned
counsel for the convict had apprised the Court that
he had filed an application for restoration of
petition in the Hon'ble High Court of Delhi and it
was listed for hearing on 16.10.2017. In view of
submissions made by Ld. Counsel for the convict,
the court had granted exemption to the convict and
listed the case for 17.10.2017. On 17.10.2017, no
one had appeared on behalf of convict and the
court again issued NBWs against her.
It is also apprised to the Court that the
restoration application filed by Ld. Counsel for the
convict is listed for hearing tomorrow before
Hon'ble High Court of Delhi. On being asked, Ld.
Counsel for the convict states that as on date, there
is no stay on the present proceedings.
Keeping in view conduct of the convict and
the fact that she has not paid the compensation
amount till date despite several opportunities being
given to her, the convict be sent to judicial custody
till 27.10.2017 and be produced before the Court
on 27.10.2017."
The petitioner was sent to judicial custody for not complying with
the order passed by the Trial Court.
Learned counsel for the petitioner submits that the petitioner is
ready to deposit the entire amount of Rs.35,00,000/- in this Court in the
form of FDR.
Heard.
Keeping in view the facts and circumstances of the present case,
the sentence is suspended subject to his :
i) depositing a sum of Rs.35,00,000/- (Rupees Thirty Five Lac
Only) with the Registry of this Court within two weeks
without prejudice to the rights of both the parties;
ii) furnishing his bail bond in the sum of Rs.25,000/- with one
surety of like amount along with a copy of receipt of
Rs.35,00,000/-, before the Court concerned;
iii) that petitioner shall not leave the jurisdiction of NCT of
Delhi without prior permission of the Court.
With above directions, the present application is disposed of.
Date already fixed i.e. 17.01.2018 stands cancelled.
Copy of the order be given dasti under the signatures of Court
Master.
Crl. Rev. P. 631/2015
Admit.
List in due course as per its on turn.
SANGITA DHINGRA SEHGAL, J
th
NOVEMBER 24 , 2017 / rd/gr
