Raj Sharma v. State

(36) BAIL APPLN. 445/2011 ANIL SHARMA..... Petitioner Through Mr.Mukesh Kalia, Adv.

STATE CORAM: versus..... Respondent Through Mr.M.N.Dudeja, APP Mr.Vipul Srivastava, Adv. for complainant. HON'BLE MR.

JUSTICE V.K. SHALl ORDER 0/o 10.08.2011 4 1. These are two applications for grant of anticipatory bail.

2. With the intervention of Mr.Dudeja, learned APP, the complainant has arrived at a settlement with her parents in law, which has been reduced into writing on 8.8.2011, copy of which has been placed on record.

3. In terms of the said settlement, it has been agreed between the petitioners and the complainant that both 2011:DHC:6996 • the complainant and her husband Rahul shall obtain divorce on the basis of mutual consent.

4. Presently, Rahul, husband of the complainant is in Newzealand and therefore, appropriate steps will be taken in order to obtain the divorce by mutual consent by adhering to the processes of law. It has also been envisaged in the settlement that the complainant will withdraw her complaint under Section 12 of the Domestic Violence Act as well as co-operate in getting the FIR quashed subject to the divorce being granted and payment having been made to her in terms of the settlement.

5. It has also been envisaged in the settlement that at the time of grant of bail to the present petitioners who happens to be the parents in law of the complainant, a sum of Rs.2.[5] lacs shall be paid to the complainant. A sum of ~2.[5] lacs is handed over to the complainant by way of pay order today in Court. The said draft is accepted by the compliant who is present in person.

6. In view of the aforesaid facts, Raj Sharma, and Anil Sharma are enlarged on anticipatory bail in the event of their arrest on furnishing a personal bond for a sum of Rs.lO,OOO/- with one surety of the like amount to the satisfaction of the IO/SHO.

7. Since as per the settlement, an amount of ~2.[5] lacs has been paid to the complainant today in Court, therefore, the balance amount of ~17. 50 lacs be deposited by the learned counsel for the petitioners with the Registrar General of this Court.

8. The said amount, on being deposited, shall be kept in a fixed deposit for a period of more than 181 days. The amount shall be released to the respondent/complainant in terms of the settlement arrived at between the parties.

9. Bail applications are disposed of. Cri.M.A.No.6986/2011 in Bail Appl. No.445/2011.... 1. This is an application filed by the petitioner-Ani! Sharma, praying that he may be issued no objection with respect to his passport so as to enable him to travel abroad.

2. In terms of the settlement arrived at between the parties, I feel

3.

4.

5. that there is no impediment in permitting the petitioner, Anil Sharma to renew his passport. The application stands disposed of. In view of the fact that the parties have arrived at a settlement, no further action needs to be taken till further orders are passed by the Court. Dasti to all the parties.