Diljeet Singh & Ors vs The State ( Nct Of Delhi)
2019 Latest Caselaw 767 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of Order: February 06, 2019

+     BAIL APPLN. 1458/2018
      DILJEET SINGH & ORS                                .....Petitioners
                    Through:           Mr. J.M.Kalia and Ms. Bhawna
                                       Garg, Advocates with petitioner-
                                       husband in person

                          Versus

      THE STATE ( NCT OF DELHI)                  ..... Respondent
                    Through: Mr. M.S.Oberoi,Additional Public
                              Prosecutor for respondent-State
                              with SI Manju
                              Mr. Ramesh Gupta, Senior
                              Advocate with Mr. Arpit
                              Bhargava, Ms. Amrita Dhawan and
                              Mr. Varun Talwar, Advocates with
                              complainant in person
      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                          ORDER

(ORAL)

Petitioners seek pre-arrest bail in FIR No. 18/2018, under Sections 498A/406/34 of IPC, registered at Police Station Dwarka North, Delhi.

While entertaining this application, interim protection was granted to petitioners subject to their joining the investigation and the matter was referred to mediation.

Although, mediation has not succeeded but with the intervention of learned counsel for the parties, the disputes have been now amicable

resolved. Now, it is agreed upon petitioner-husband and complainant- wife, that they are ready to settle their disputes for a sum of ₹50,00,000/- in full and final settlement.

It is stated by petitioner-husband and complainant-wife, who are present in the Court that they have agreed that ₹10,00,000/- would be transmitted by petitioner-husband to complainant-wife, by way of RTGS into the bank account of complainant-wife within three days from today and another sum of ₹10,00,000/- would be transmitted by the same mode, when first motion is passed and at the time of passing of second motion, another sum of ₹10,00,000/- by same mode would be transmitted into the bank account of complainant-wife.

It is jointly submitted by petitioner-husband and complainant-wife, present in the Court that the remaining amount of ₹20,00,000/- would be transmitted by the same mode on the day when the quashing of this FIR in question takes place.

Both sides have agreed that steps for filing joint petition for divorce would be taken within two weeks or the pending divorce petition would be converted into petition for mutual divorce and earnest efforts would be made to obtain the first motion within a period of four weeks and thereafter, within two weeks, joint petition for second motion will be filed by the concerned parties. It is also agreed upon by the concerned parties that petition for quashing of the FIR would be filed within two weeks after grant of divorce.

Let it be so done and an undertaking by way of an affidavit be placed on record in the aforesaid terms by petitioner-husband and

complainant-wife before this Court within one week, with copy to opposite side.

Without commenting on merits of this case, interim order of 20 th June, 2018 is made absolute, subject to petitioner- husband complying with the aforesaid undertaking given to this Court. In the event of arrest, petitioners be admitted to bail, subject to their furnishing bail bond in the sum of `10,000/- each with one local surety of the like amount to the satisfaction of Investigating Officer.

This application is accordingly disposed of. Dasti.

(SUNIL GAUR) JUDGE FEBRUARY 06, 2019 v