Narender Kasana v. The State Govt Of NCT Of Delhi And Another
$~3 & 4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2899/2023 NARENDER KASANA ..... Petitioner Through:
Mr. Sunil Kumar and Mr. Shubham Thakur, Advocates along with Petitioner in person. versus THE STATE GOVT OF NCT OF DELHI AND ANOTHER ..... Respondents Through:
Ms. Shubhi Gupta, APP for State/R-1 and R-2, with SI Sudhanshu Singh, PS Karawal Nagar.
Mr. Mohd. Zahid and Mr. Anil Kumar, Advocates for Complainant along with Complainant Mohd.
Zubair and victim Mohd. Altamash in person.
+ BAIL APPLN. 3409/2023 ANKUR KUMAR ..... Petitioner Through:
Mr. Sunil Kumar and Mr. Shubham Thakur, Advocates versus THE STATE (NCT OF DELHI) ..... Respondent Through:
Ms. Shubhi Gupta, APP for State with SI Sudhanshu Singh, PS Karawal Nagar.
Mr. Mohd. Zahid and Mr. Anil Kumar, Advocates for Complainant along with Complainant Mohd.
Zubair and victim Mohd. Altamash in person.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 13.03.2024 1.
These applications have been filed on behalf of the Applicants under Section 438 read with Section 482 Cr.P.C. for grant of anticipatory bail in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
case FIR No.279/2023 dated 05.07.2023 under Sections 420/406/120B/34/ 506 IPC, registered at PS: Karawal Nagar.
2.
Parties were referred to Delhi High Court Mediation and Conciliation Centre during the pendency of these applications, where they have amicably settled all their disputes. Settlement Agreement dated 19.12.2023 has been executed, incorporating the terms of settlement. It was agreed that Narender Kasana shall pay a sum of Rs.8,00,000/- to the Complainants towards full and final settlement of all their claims. The co-accused Akash (confirming party) has already paid a sum of Rs.5,00,000/- on behalf of Narender Kasana and the balance amount of Rs.3,00,000/- has been deposited with this Court. Complainants have agreed that they will support the petition for quashing of the FIR.
3.
Complainant and victim are present in Court and are identified by Investigating Officer SI Sudhanshu Singh, PS: Karawal Nagar. They acknowledge that disputes between the parties have been amicably settled and they have signed on the Settlement Agreement out of their own free will and without any force or coercion before the Delhi High Court Mediation and Conciliation Centre. Receipt of sum of Rs.5,00,000/- is also acknowledged and it is prayed that directions be issued for release of the balance amount of Rs.3,00,000/- in their favour. In view of the settlement, both the Complainant and the victim have no objection to the FIR being quashed.
4.
Learned APP states that since the matters pertain to monetary transactions and parties have amicably settled their disputes, State has no objection to the grant of anticipatory bail to the Applicants. 5.
Keeping in view the fact that the parties have amicably resolved their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
disputes and the Settlement Agreement has been executed, copy of which has been placed on record, it is directed that in the event of arrest of the Applicants, they shall be released on anticipatory bail, subject to their furnishing personal bonds in the sum of Rs.20,000/- each with one surety of the like amount each to the satisfaction of the Investigating Officer and further subject to the following conditions:- i.
Applicants shall not leave the country without prior permission of the Trial Court;
ii.
They shall furnish their respective mobile numbers to the IO and keep the same active at all times and shall not change the mobile numbers without prior intimation to the IO and the Trial Court; iii.
They shall appear before the Trial Court on every date of hearing and/or for any further investigation, as and when directed by the IO;
iv.
They shall not, directly or indirectly indulge in any criminal activity and/or extend any inducement, threat or promise to any witness or any other person associated with this case including the Complainant; and v.
They shall furnish the particulars of their respective current residential addresses to the IO and intimate any change in the same to the IO and the Trial Court by affidavit(s). 6.
Complainant and victim further undertake that if the balance amount of Rs.3,00,000/- lying deposited in this Court is released to them, they will cooperate in the quashing of the FIR, as and when steps are taken by the Applicants to file a petition for quashing. The undertaking is accepted. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
7.
Registry is directed to release the sum of Rs.3,00,000/- in favour of the Complainant and the victim as per the required procedure. 8.
Applications stand disposed of in the aforesaid terms. JYOTI SINGH, J MARCH 13, 2024/pa The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.