Kulwinder Singh @ Sunny Sohal v. State of NCT

Delhi High Court · 24 Jan 2019 · 2019:DHC:489
Sanjeev Sachdeva
BAIL APPLN. 2439/2016
2019:DHC:489
criminal appeal_allowed

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Anticipatory bail granted to petitioner in matrimonial offence case following amicable settlement and divorce decree recording alimony payment.

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BAIL APPLN.2439/2016
HIGH COURT OF DELHI
JUDGMENT
delivered on: 24.01.2019
BAIL APPLN. 2439/2016 & CRL.M.(BAIL) 2108/2016
KULWINDER SINGH @ SUNNY SOHAL ..... Petitioner
versus
STATE OF NCT ..... Respondent Advocates who appeared in this case:
For the Petitioner : Ms.Kawaljit Kochar, Advocate.
For the Respondent : Mr. Hirein Sharma, APP for the State.
ASI Dushyant, P.S.Vikas Puri.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
24.01.2019 SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks anticipatory bail in FIR No.556/2016 under Section 498A/406/34 IPC, Police Station Vikas Puri. Subject FIR emanates out of a matrimonial discord.

2. Learned counsel for the petitioner submits that parties have settled their disputes and had jointly applied for divorce by mutual consent. Petitioner had agreed to pay a total amount of Rs.3,00,000/to the complainant towards permanent alimony for past, present and future which was to be paid in two instalments, Rs.1,50,000/- at the 2019:DHC:489 BAIL APPLN.2439/2016 time of first motion and Rs.1,50,000/- at the time of second motion.

3. Learned counsel for the petitioner further submits that both the first and the second motions have been recorded and marriage between the parties have been dissolved by way of decree of divorce dated 15.12.2018 which also records that the entire payment has been made by the petitioner.

4. The relevant documents are produced. Same are taken on record.

5. In view of the settlement between the parties, I am satisfied that the petitioner has made out a case for grant of anticipatory bail.

6. Accordingly, it is directed that in the event of arrest, the arresting officer/IO/SHO shall release the petitioner on bail on his furnishing a bail bond in the sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of the arresting officer/Investigating Officer/SHO concerned.

7. The petition is allowed in the above terms.

8. Order Dasti under signatures of the Court Master.

JANUARY 24, 2019 SANJEEV SACHDEVA, J rk