Shri Virender Bansal v. The State NCT Of Delhi
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 05, 2019 + BAIL APPLN. 1520/2017 + BAIL APPLN. 1539/2017 SHRI VIRENDER BANSAL SHRI AMAN AGARWAL .....Petitioners Through:
Mr. Fanish K. Jain and Mr.
Deepanshu Garg, Advocates
Versus
THE STATE NCT OF DELHI .....Respondent Through:
Ms. Neelam Sharma, Additional Public Prosecutor for State with W/SI Tulika Mr. R.S. Goswami, Mr. Sahil Munjal and Mr. Anish Sharma, Advocates for Complainant.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
O R D E R
(ORAL) In the above captioned two anticipatory bail applications, petitioners are father-in-law and husband of the complainant-Ekta Aggarwal, at whose instance FIR No. 98/2017 under Sections 498A/406/354/377/34 of IPC, was registered at police station Keshav Puram, Delhi.
With the consent of learned counsel for the parties, the above captioned two bail applications have been heard together and are being disposed of by this common order.
While entertaining these bail applications, interim protection was
granted to petitioners vide Orders of 4th August, 2017 and 9th August, 2017 and the matter was referred to mediation. Although, mediation has not succeeded but with the intervention of learned counsel for the parties, the disputes have been now amicably resolved. It is mutually agreed by petitioner-husband and the complainant-wife, who are present in the Court that upon petitioners paying ₹ 30,00,000/- towards the Istri dhan etc., relationship between petitioner-husband and complainant-wife will be brought to an end within a period of six months from today.
It is agreed between the parties that demand draft of ₹ 10,00,000/- would be handed over by petitioner-husband to the complainant-wife in the office of learned counsel for complainant on 20th February, 2019 at 4:00 p.m. and thereafter, first motion would be filed by petitionerhusband and the complainant-wife within four weeks and that a sum of ₹ 10,00,000/- would be handed over in the Court by petitioner-husband to the complainant-wife when the first motion is granted. It is also agreed upon between the parties that at the time of passing of second motion, ₹5,00,000/- would be handed over by petitionerhusband to complainant-wife and the remaining amount of ₹ 5,00,000/- would be handed over to the complainant-wife by petitioner-husband at the time of quashing of the FIR in question.
Let an undertaking by way of an affidavit in the aforesaid terms be placed on record before this Court by petitioner-husband within a week from today.
Without commenting on the merits of this case, interim orders of
4th August, 2017 and 9th August, 2017 are made absolute, subject to petitioners' complying with the aforesaid undertaking. In the event of arrest, petitioners be admitted to bail, subject to their furnishing bail bonds in the sum of ₹10,000/- each with one local surety in the like amount to the satisfaction of the Investigating Officer. With aforesaid directions, both the applications are accordingly disposed of, while not commenting on the merits of the case. Dasti.
(SUNIL GAUR) JUDGE FEBRUARY 05, 2019 p'ma