Asheesh Puri v. State (Govt. Of NCT Of Delhi)
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1351/2022, CRL.M.A. 8245/2022, CRL.M.A. 10481/2023 ASHEESH PURI .....Petitioner Through:
Mr. Nikhil Mehra, Advocate.
versus STATE (GOVT. OF NCT OF DELHI) .....Respondent Through:
Mr. Utkarsh, APP for the State with Mr. Hasan Raza Khan, Mr. Vishal B, Ms. Rifa Khan, Mr. Akshay Rathur and Ms. Kanika Jain, Advocates with SI Mahendra Yadav, P.S.: Vasant Kunj, South.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 23.08.2024 Mr. Nikhil Mehra, learned counsel appearing for the petitioner submits, that vide order dated 06.03.2024 the matter was referred to mediation. Counsel submits, that mediation has been successful, culminating in the signing of Settlement Agreement dated 15.04.2024 between the petitioner and the complainant. Furthermore, he submits that pursuant to the terms of the agreement, parties have already moved the first motion for divorce by mutual consent under section 13B(1) of the Hindu Marriage Act, 1955 and are awaiting the filing of the second motion. The terms of settlement also record that within a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
period of 01 month of recording of parties' joint statements before the concerned Family Court in the petition filed for divorce by mutual consent, the parties would move this court for quashing of FIR No.748/2020 dated 16.12.2020 registered under sections 498-A/406 of the Indian Penal Code, 1860 at P.S.: Vasant Kunj, New Delhi. 2.
Mr. Mehra submits that since parties have resolved their disputes, the petitioner be granted anticipatory bail.
3.
The record shows that vide order dated 15.09.2022, the petitioner was granted an interim protective order, subject to him not leaving the city or country alongwith certain other conditions. 4.
There is no allegation that the petitioner has violated any conditions of the interim protective order.
5.
In the circumstances, Mr. Utkarsh, learned APP appearing for the State does not oppose the prayer made.
6.
In view of the above, subject to the parties remaining bound by the terms of the settlement agreement, the petition is allowed; and it is directed that in the event of his arrest, the petitioner shall be released by the Investigating Officer/Arresting Officer on bail. 7.
Learned APP submits that since charge-sheet has been filed in the matter, the filing of personal bond/surety bonds and imposition of conditions of bail may be left to the discretion of the learned trial court, if deemed necessary.
8.
It is accordingly clarified that the learned trial court shall be at liberty to impose such conditions on the grant of bail, as it may consider appropriate.
9.
The petition is disposed-of in the above terms. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10.
Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J AUGUST 23, 2024/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.