Delhi High Court
Jatin Chadha vs The State (Govt. Of Nct Of Delhi) on 13 December, 2018
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 13.12.2018
+ BAIL APPLN. 1815/2018
JATIN CHADHA ..... Petitioner
versus
THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Ms. Anita Sahani, Advocate.
For the Respondent : Ms. Meenakshi Dahiya, APP for the
State.
SI Lalit Kumar, PS Deshbandu Gupta
Road.
Md. Qamar Ali with Mr. Arjun
Gadhoke, Advocates.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
13.12.2018
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks anticipatory bail in FIR No.93/2018 under
Sections 498A/406/377/323/34 IPC, Police Station Desh Bandu Gupta
Road.
2. The subject FIR emanates out of a matrimonial dispute. The
petitioner is the husband of the complainant.
3. The parties had prayed that they be referred to mediation and,
accordingly, the parties were referred to mediation on 01.08.2018.
4. Parties have settled their disputes through the process of
mediation at the Delhi High Court Mediation & Conciliation Centre
and a Settlement Agreement dated 06.12.2018 has been executed
between the parties. Same has also been placed on record.
5. As per the settlement, the petitioner has, inter alia, agreed to
pay a total sum of Rs.39,50,000/- to the complainant for her as well as
the children's maintenance etc. As per the settlement, a sum of
Rs.50,000/- is to be paid today.
6. A pay order in the sum of Rs.50,000/- has been produced in
Court. However, on perusal of the pay order, it transpired that the pay
order has been prepared in the name of the complainant with her
surname and the same does not tally with the name in her bank
account.
7. The pay order has been returned to the learned counsel for the
petitioner for the purposes of amendment. She undertakes that the
amended pay order shall be handed over to the complainant through
counsel within 3 days.
8. The petitioner was granted interim protection by order dated
01.08.2018 subject to joining investigation, as and when so required
by the Investigating Officer.
9. Since the parties have settled their disputes, I am satisfied that
the petitioner has made out a case for grant of anticipatory bail.
10. Accordingly, it is directed that in the event of arrest, the
arresting officer/IO/SHO shall release the petitioner on bail on his
furnishing a bail bond in the sum of Rs. 15,000/- with one surety of
the like amount to the satisfaction of the arresting officer/Investigating
Officer/SHO concerned. Petitioner shall not do anything that may
prejudice the trial or the prosecution witnesses. Petitioner shall join
investigation as and when required by the Investigating Officer.
11. The petition is disposed of in the above terms.
12. Order Dasti under signatures of the Court Master.
DECEMBER 13, 2018 SANJEEV SACHDEVA, J
st
