Full Text
BAIL APPLN. 1259/2013, BAILAPPLN. 1264/2013 and
AMIT SHARMA Petitioner SUIVIIT SHARIVIA Petitioner
VEENA SHARIMA Petitioner
Through ; Mv. Sunil Kapoor, Advocate
Through: Mr. Naveen Sharma, APP for the State with SI Amit Dutt, PS Tilak Nagar.
Complainant in person.
ORDER o/o 26.09.2013
JUDGMENT
1. On the last date of hearing, the parties were referred to mediation. However, the mediation did not result in a settlement.
2. A status report has been filed by the State.
3. In the course of arguments, counsel for the petitioners states that his clients are ready and willing to abide by the order dated 19.12.2012 passed by the learned MM (West), Mahila Court, Tis Hazari Court on an application filed by the complainant under Section 12 of BAIL APPLN. 1259/2013, BAIL APPLN. 1264/2013 &BAIL APPLN. 1265/2013 Page 1of[4] 2013:DHC:7077 the Protection of Women from Domestic Violence Act, 2005 in CC No.664/1/2012, whereunder the petitioners were restrained from dispossessing the complainant and the minor child from the matrimonial home/shared household. He states that the petitioners have no objection to the 10 accompanying the complainant to the matrimonial home/shared household to identify one room with an independent entry for her own residence with the minor child. He further submits that to show their bonafides and without prejudice to their rights and contentions, the petitioners are ready and willing to pay a sum of ?7.00 lacs to the complainant provided that they are given some reasonable time to arrange the funds.
4. In view of the aforesaid submission made by the counsel for the petitioners, it is directed that the 10 shall accompany the complainant to her matrimonial home/shared household on 28.9.2013 at 3.00 PM, on which date and time, the petitioners shall remain present there. The complainant shall identify a room for her residence with the child, having an independent ingress/egress, apart from their right to access the common areas, the kitchen and the bathroom-cum-toilet.
5. Further, as agreed, the petitioners shall pay a sum of ?7.00 lacs to the complainant, the first instalment of?2.50 lacs being payable on BAIL APPLN. 1259/2013, BAIL APPLN. 1264/2013 &BAIL APPLN. 1265/2013 Psge 2 of[4] or before 5.10.2013 before the 10. The second instalment of ?2.50 lacs shall be paid by the petitioners before the 10 on or before 19.10.2013 and the third and final instalment of ?2.00 lacs shall be paid by them to the complainant before the 10 on or before 2.11.2013.
6. In view of the above, it is directed that in the event of arrest, the petitioners shall be released on bail on their furnishing a personal bond in the sum of ?30,000/- each with one surety of the like amount each to the satisfaction of the arresting officer/IO and subject to the following conditions:
(i) The petitioners shall fully co-operate with the investigation and present themselves for interrogation by the 10 as and when required and will not create any hindrance or impediment during the course of the investigation.
(ii) The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person so as to dissuade them from disclosing material facts to the Court or to any police officer.
7. In case of any default of the undertaking on the part of the petitioners, the complainant and the learned APP for the State shall be BAIL APPLN. 1259/2013, BAIL APPLN. 1264/2013 &BAIL APPLN. 1265/2013 Page 3 of[4] at liberty to approach the Court for seeking cancellation of the bail orders.
8. The petitions are disposed of.
9. A copy of this order be given dasti to the parties, under the signatures of the Court Master.
SEPTEMBER 26, 2013 sk HIMA KOHLI, 3 BAIL APPLN. 1259/2013, BAIL APPLN. 1264/2013 &BAIL APPLN. 1265/2013 Page 4 of[4]