Kaushal Kumar Gupta v. State & ORS

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + KAUSHAL KUMAR GUPTA ..... Petitioner Through:

Mr. Jitender Ratta & Mr.

Abhishek Bhati, Advocates versus STATE & ORS ..... Respondents Through:

Mr. K.S. Ahuja, APP for Mr.

Rahul Mehra, Standing Counsel (Crl.) for State

CORAM:

JUSTICE S. MURALIDHAR JUSTICE I.S. MEHTA

O R D E R

% 16.05.2018

1. This order is in continuation of the previous orders dated 19th March 2018 and 13th April 2018 passed by this Court in the present writ petition. The mediation report states that mediation ended in 'no settlement'.

2. We first met Ms. Puja Kumari in the chamber today. She categorically stated that she desired to return to her husband, the Petitioner herein. She also wished to leave with him from the Court premises itself.

3. We then met Ms. Madhuri Kumari, the mother of the Petitioner, and later, the Petitioner and his lawyer. They have stated that they will fully support Ms. Puja Kumari in her pursuit of further studies. Inter alia, Ms. Madhuri

Kumari assured the Court that she will transfer a flat in Arjun Nagar which is in her name in the joint names of the Petitioner and his wife, Ms. Puja Kumari. She also committed to placing Rs. 10 lakhs in a fixed deposit in their joint names. She stated that she would take both steps within four weeks from today. An affidavit to this effect will be filed by her before the end of the day today.

4. The Court has also been assured by the Petitioner and his mother Ms. Madhuri Kumari that they and their family members will not, in any manner, cause any unpleasantness and will refrain from contacting the parents or other family members of Ms. Puja Kumari.

5. We spoke to the parents of Ms. Puja Kumari in the presence of their lawyer in the chamber. Although, they are not reconciled to the decision of their daughter, they stated that they will not interfere in her married life hereafter.

6. We spoke to Inspector Sanjay Rawat of PS Safdarjung Enclave and asked him to provide the requisite security to Ms. Puja Kumari and the Petitioner so that they may leave together from the Court premises. Inspector Rawat was also requested to ensure that the Petitioner's family members and the parents of Ms. Puja Kumari, are provided security and leave separately from the Court.

7. The mobile phone along with charger which was given to Ms. Puja

Kumari on the last date has been handed back to the mother of the Petitioner in Court today. If Ms. Puja Kumari requires any school certificates, mark sheets or other such documents that belong to her, and are presently with her parents, she can inform the SHO who will in turn get the documents from her parents and hand them to her.

8. No further directions are called for in this petition. Subject to the affidavit being filed by the Petitioner's mother by the end of the day as undertaken by her, the petition is disposed of in the above terms. S. MURALIDHAR, J.

I.S. MEHTA, J.

MAY 16, 2018 Mw