Akhil Jangwal & ANR. v. State

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2638/2016 AKHIL JANGWAL & ANR.

..... Petitioners Through Mr. Nishit Kush, Mr. Mercy Hussain and Mr. Sarbjeet Kaur, Advocates versus STATE ..... Respondent Through Mr. Tarang Srivastava, Additional Public Prosecutor for the State with ASI Rameshwar, P.S.: Mehrauli Ms. Anjna Masih and Mr. Nishant Shokeen, Advocates with Complainant-Menka (respondent no.2) in person

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 17.02.2020 CRL.M.A. 2666/2020 (exemption) Allowed, subject to all just exceptions.

CRL.M.A. 2665/2020 Amended memo of parties filed.

Petitioners are seeking release of RS. 10,00,000/- deposited with the Registrar General, Delhi High Court, New Delhi. Learned counsel for the petitioners submits that in pursuance of the order dated 22nd December, 2016, the petitioners had deposited Rs.

20,00,000/- with the Registrar General of this Court, out of which Rs. 10,00,000/- was given to the Complainant-Menka and the remaining amount of Rs. 10,00,000/- remained deposited with the Registrar General of this Court. The petitioners and complainant-Menka have settled their dispute on 6th December, 2019 before the Mediation Centre, Saket Courts, Delhi and as per settlement, a sum of Rs.28,00,000/- has to be paid to the complainant. Out of the settled amount of Rs. 28,00,000/-, an amount of Rs. 10,00,000/- has already been paid to the complainant-Menka vide order of 22nd February, 2017 of this Court. Learned counsel for petitioner submits that as per the settlement, it was agreed between the parties that the remaining amount of Rs. 18,00,000/- will be paid to the complainant by way of demand drafts in three installments.

The first installment of Rs. 3,00,000/- has already been paid to the complainant on 6th January, 2020 at the time of first motion. The second installment of Rs. 10,00,000/- will be paid to complainant at the time of second motion, out of the amount which stands deposited with the Registrar General of this Court and the third installment of Rs. 5,00,000/- will be paid at the time of quashing of the FIR No. 129/2015, registered at police station Mehrauli. Learned counsel for the petitioner prays for release of Rs.10,00,000/- for paying the same to the complainant at the time of filing of second motion.

Heard.

In view of the above facts and settlement, the application is allowed and Rs. 10,00,000/- deposited with the Registrar General is directed be released to the petitioner (along with interest accrued thereupon) forthwith. The petitioner shall file petition under Section 13(B)(ii) of the Hindu

Marriage Act within a period of seven days of release of the said amount, out of the said amount, Rs. 10,00,000/- shall be paid to the complainant. The application stands disposed of.

Dasti.

BRIJESH SETHI, J FEBRUARY 17, 2020 savita