Shikhar Sudesh Gupta And ORS v. The State Of Maharashtra And ANR

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1962 OF 2018 Shikhar Sudesh Gupta & ors.

.Applicants Vs.

The State of Maharashtra & anr.

.Respondents Mr. Vinit Vinod Jain, Advocate, for the Applicants Mr. A. R. Kapadnis, APP, for the Respondent No. 1 - State Mr. Jagdeep Vats, Advocate, for the Complainant Mr. Phad, PSI, Charkop Police Station, Mumbai present

CORAM

:

REVATI MOHITE DERE, J.

DATE :

20.08.2019 P.C.

.

Heard learned counsel for the parties.

2.

By this Application, the Applicants seek pre-arrest bail in connection with C. R. No. 53 of 2018 registered with the Charkop Police Station Mumbai, for the alleged offences punishable under Sections 498A, 406, 325, 323, 504, 506(1) r/w 34 of the Indian Penal Code.

3.

Vide order dated 04.10.2018, the Applicants were granted interim protection. The Applicant No. 1 is the husband of the

Complainant, the Applicant No. 2 is the mother-in-law and the Applicant No. 3 is the sister-in-law of the Complainant i. e. the Respondent No. 2. Learned counsel for the Applicants and the Respondent No. 2 state that the parties have amicably settled their dispute. The parties have tendered Memorandum of Understanding ( for short 'MOU' ) entered into between the parties. Xerox copy of the said Memorandum of Understanding is taken on record. Under the MOU, the Applicant No. 1 has to pay Rs. 75,00,000/- to the Respondent No. 2, by way of full and final settlement. On receipt of the said amount, the Respondent No. 2 has agreed to withdraw all the allegations qua the Applicants herein. The Respondent No. 2 has also agreed to appear before the Court for getting the proceedings quashed as against the Applicants. The Complainant is present in person and does not dispute the fact that the parties have amicably settled their dispute. 4.

Considering the MOU and the amicable settlement between the parties, the Application is allowed and the interim order dated 04.10.2018 is confirmed on the following terms & conditions :-

O R D E R

(i) In the event of arrest, the Applicants be enlarged on bail, on executing P. R. Bond in the sum of Rs. 5,000/- each with one or two

sureties in the like amount.

5.

Accordingly, the Application is disposed of.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)