Honey Kharbanda v. State

Delhi High Court · 05 Feb 2019 · 2019:DHC:762
Sunil Gaur
BAIL APPLN. 209/2018
2019:DHC:762
criminal appeal_allowed

AI Summary

The Delhi High Court granted pre-arrest bail to the petitioner in a matrimonial dispute case under Sections 498A, 406, and 377 IPC based on the parties’ reconciliation and mutual agreement to live together.

Full Text
Translation output
BAIL APPLN. 209/2018
HIGH COURT OF DELHI
Date of Order: February 05, 2019
BAIL APPLN. 209/2018, CRL.M.A. 1570/2018
HONEY KHARBANDA .....Petitioner
Through: Petitioner in person.
VERSUS
STATE .....Respondent
Through: Ms. Neelam Sharma, Additional Public Prosecutor for State with SI
Ali Akram Ms. Kanchan Kharbanda, complainant in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Petitioner seeks pre-arrest bail in FIR No. 363/2016 under Sections
498A/406/377 of IPC registered at police station Rajinder Nagar, Delhi.
While entertaining this bail application, interim protection was granted to petitioner vide order of 22nd February, 2018 and the matter was referred to mediation.
Although, the settlement could not be arrived at between the parties in the mediation proceedings but petitioner-husband and the complainant- wife have mutually resolved their disputes and have agreed to live together. It is so stated by petitioner who appears in person and the complainant-Kanchan Kharbanda of this FIR, who has been identified to be so, by Investigating Officer on the basis of identity proof produced by her.
2019:DHC:762
BAIL APPLN. 209/2018
Petitioner-husband as well as the complainant-wife submits that they want to live together and they will be going from this Court together and so, this application be accordingly disposed of.
Without commenting on the merits of this case, interim order of
22nd February, 2018 is made absolute. In the event of arrest, petitioner be admitted to bail subject to his furnishing bail bond in the sum of
₹10,000/- with one local surety in the like amount to the satisfaction of the Investigating Officer.
It is made clear that if the marriage of complainant-wife with petitioner-husband again runs into rough weather, then this order will not stand in her way to have recourse to law.
The bail application is accordingly disposed of.
(SUNIL GAUR)
JUDGE
FEBRUARY 05, 2019 p’ma
2019:DHC:762
JUDGMENT