Rohan Gupta & Karan Gupta v. State (Govt of NCT of Delhi)

Delhi High Court · 11 Dec 2015 · 2015:DHC:10873
Indermeet Kaur
BAIL APPLN. 2691/2015 & BAIL APPLN. 2692/2015
2015:DHC:10873
criminal appeal_allowed

AI Summary

The Delhi High Court granted bail to petitioners in a matrimonial dispute FIR after the complainant expressed no objection and parties settled by mutual consent divorce.

Full Text
Translation output
$-39 & 40 HIGH COURT OF DELHI
BAIL APPLN. 2691/2015
ROHAN GUPTA Petitioner
Through Mr. Sunil Kumar Mittal and Mr. Kshitij Mittal, Advocates
VERSUS
STATE (GOVT OF NOT OF DELHI) Respondent
Through Mr. Ashok Kunmar Garg, APP for the State
V2' + BAIL APPLN. 2692/2015 KARAN GUPTA , Petitioner
Through Mr. Sunil Kumar Mittal and Mr. Kshitij Mittal, Advocates
VERSUS
STATE (GOVT OF NOTOF DELHI) Respondent
Through Mr. Ashok Kunmar Garg, APP for the State
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
II.I2.20I5 CRL.M.A. I8079/20I5 & CRL.M.A.I8080/20I5 (Exemption)
Exemption allowed subject to just exceptions.
Applications disposed of.
BAIL APPLN. 2691/2015 & BAIL APPLN. 2692/2015
Petitioners before this Court are Rohan Gupta and Karan Gupta.
Karan Gupta had been married to the complainant. Complainant is present in person. The present FIR i.e. FIR No. 1888/2015 had been registered at PS Malviya Nagar on the complaint of the complainant;
2015:DHC:10873 the FIR was registered under sections 354A/354C/376D/377/506 of the
IPG.
Contention of the learned counsel for the petitioners is that this was a matrimonial dispute which has triggered of into this misunderstood FIR.
Complainant is present in person. Fler presence has been identified by her counsel as also by the Investigating Officer. The complainant has no objection to the grant of bail to the petitioners. She submits that the FIR had been registered under a misunderstanding.
The parties have in fact arrived at a settlement and have agreed to go in for divorce by mutual consent.
Petitioners are in custody since 05.10.2015. It is additionally pointed out by learned counsel for the petitioners that their father has undergone a kidney transplant and apart from the two present petitioners there is no othermale member in their family.
Keeping in view the statement of the complainant but without delving any further into this aspect of the matterpetitioners be released on bail on their furnishing a personal bond in the sum of Rs.20,000/- each with one surety each of like amount subject to the satisfaction of the Trial Court.
Applications disposed of.
Order dasti undersignatures of the CouhMaster.
INDERMEET KAUR, J DECEMBER 11, 2015 gb 2015:DHC:10873
JUDGMENT