Vaibhav Vashisht v. State Of Delhi

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1788/2016 VAIBHAV VASHISHT ..... Petitioner Through:

Mr. Rajiv Kataria & Ms. Debjani Das P., Advocates along with petitioner in person.

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

Ms. Radhika Kolluru, APP along with SI Asha, CWC, Nanakpura, for the State.

Ms. Neha Garg, Advocate for and along with complaint in person.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 02.09.2016 1.

The petitioner is present in Court and so is the complainant with her counsel.

2.

The parties had arrived at a settlement before the CAW Cell, whereunder they had agreed to obtain decree of divorce by mutual consent; the petitioner had agreed to make payment of Rs.1,60,000/- to the complainant/ wife and; to payment of Rs.5,000/- per month towards maintenance/ alimony by the petitioner to the complainant/ wife. The

petitioner resiled from that agreement on the ground that the same had been extracted from him.

3.

Today, the petitioner is present with his counsel and he states that he is agreeable to obtain divorce by mutual consent; to payment of Rs.1,60,000/- as lump sum towards return of istridhan of the complainant, and; to make payment of Rs.3,00,000/- as lump sum towards permanent alimony of the petitioner's wife/ complainant. This is agreeable to the complainant. The petitioner has undertaken to comply with his aforesaid statement. This undertaking is accepted by the Court and he shall remain bound by the same. The petitioner states that he shall make payment of Rs.1,00,000/- within one month from today and the remaining amount shall be paid within six months thereafter.

4.

It is, accordingly, directed that the amount of Rs.1,00,000/- shall be paid on or before 02.10.2016. Thereafter, the parties shall proceed to file the petition to obtain divorce by mutual consent and also to record their first motion statements. Before the divorce is obtained by mutual consent, the remaining amount shall be paid by the petitioner to the complainant. Thereafter, the second motion petition shall be moved to obtain divorce. Finally, the petitioner may move an application for quashing of the FIR in question.

5.

Subject to the compliance of the aforesaid undertaking by the petitioner, it is directed that in the event of the petitioner's arrest, he shall be released on bail upon his furnishing personal bond with one surety in the sum of Rs.10,000/- to the satisfaction of the arresting officer.

6.

The petition stands disposed of.

VIPIN SANGHI, J SEPTEMBER 02, 2016 B.S. Rohella