High CourtsSingle Bench

Diljeet Singh & Ors vs State ( Nct Of Delhi)

Delhi High Court · Decided on 6 February 2019 · Citation: (2019) 02 DEL CK 0492

HON’BLE JUDGES
Sunil Gaur, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 406, 498A
RESULT
Disposed Off
CASE NUMBER
Bail Application No. 1458 Of 2018
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Judgment

10 paragraphs · 414 words

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 Rs. 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 Rs. 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 Rs. 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 Rs. 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 20th 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.