Tarun Mathur v. State Of NCT Of Delhi

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 666/2018 & CRL.M.A. 5608/2018 TARUN MATHUR ..... Petitioner Through:

Mr. Bharat Sharma, Advocate.

versus STATE OF NCT OF DELHI ..... Respondent Through:

Mr. Ashish Dutta, APP for State with SI Sanjay Singh, PS Ambedkar Nagar.

Mr. Vivek Narayan Sharma & Mr.

Sidharth Mahajan, Advocates for complainant.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 29.05.2018 Vide the proceedings dated 19.04.2018, the matter had been referred to the Delhi High Court Mediation & Conciliation Centre hoping for the possibility of a settlement and vide a report dated 04.05.2018 received from Samadhan Mediation has ended as a non starter.

It is however, been submitted on behalf of either side that the parties have settled the matter out of the Court and the copy of the settlement document dated 05.05.2018 has been submitted on record indicates thereby that the petitioner has agreed to make payment of the settlement amount of Rs. 45 lakhs to the complainant in relation to

the FIR No. 548/17, PS Ambedkar Nagar registered under Section 420 of the Indian Penal Code, 1860 with the said amount being payable in 45 instalments of Rs. 1 lakh each to be paid on or before the 7th day of each English Calender Month commencing from May 2018 qua which it is submitted on behalf of the complainant in reply to a specific court query that the first instalment of the sum of Rs. 1 lakh has been paid. As per the contents of the said settlement, the complainant has also assured to co-operate in seeking the quashing of the FIR in question after receiving full and final payment. It has been submitted on behalf of the petitioner and on behalf of the State that Section 506 of the Indian Penal Code, 1860 has been added for the ingredients alleged against the petitioner.

In view of the settlement arrived at between the petitioner and the complainant, is is submitted on behalf of the complainant that there is no opposition to the prayer made by the applicant seeking grant of anticipatory bail in the instant case. Though, it is submitted on behalf of the complainant that in the event of any default in compliance of the terms of the stated agreement, the bail may be cancelled.

On a consideration of the rival submissions, the applicant in the event of arrest is allowed to be released on bail on his filing a bail bond in the sum of Rs. 2,00,000/- with one surety of the like amount to the satisfaction of the learned Trial Court with direction that he shall not leave the country without the permission of the Trial Court, shall not intimidate the witnesses, shall not tamper with the evidence in any manner and in the event of three defaults in making the

payment in terms of the settlement dated 05.05.2018, the complainant may seek redressal as prayed seeking cancellation of bail. Copy of the order be given Dasti under the signatures of the Court Master, as prayed.

ANU MALHOTRA, J MAY 29, 2018/NC