Honey Kharbanda vs State
2019 Latest Caselaw 726 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                           Date of Order: February 05, 2019

+      BAIL APPLN. 209/2018, CRL.M.A. 1570/2018
       HONEY KHARBANDA                                     .....Petitioner
                          Through:     Petitioner in person.
                          Versus
       STATE                                               .....Respondent
                          Through:     Ms. Neelam Sharma, Additional
                                       Public Prosecutor for State with SI
                                       Ali Akram
                                       Ms. Kanchan Kharbanda,
                                       complainant in person.
       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR
                    ORDER

(ORAL) Petitioner seeks pre-arrest bail in FIR No. 363/2016 under Sections 498A/406/377 of IPC registered at police station Rajinder Nagar, Delhi.

While entertaining this bail application, interim protection was granted to petitioner vide order of 22nd February, 2018 and the matter was referred to mediation.

Although, the settlement could not be arrived at between the parties in the mediation proceedings but petitioner-husband and the complainant- wife have mutually resolved their disputes and have agreed to live together. It is so stated by petitioner who appears in person and the complainant-Kanchan Kharbanda of this FIR, who has been identified to be so, by Investigating Officer on the basis of identity proof produced by her.

Petitioner-husband as well as the complainant-wife submits that they want to live together and they will be going from this Court together and so, this application be accordingly disposed of.

Without commenting on the merits of this case, interim order of 22nd February, 2018 is made absolute. In the event of arrest, petitioner be admitted to bail subject to his furnishing bail bond in the sum of ₹10,000/- with one local surety in the like amount to the satisfaction of the Investigating Officer.

It is made clear that if the marriage of complainant-wife with petitioner-husband again runs into rough weather, then this order will not stand in her way to have recourse to law.

The bail application is accordingly disposed of.

(SUNIL GAUR) JUDGE FEBRUARY 05, 2019 p'ma