* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 28.01.2019
+ BAIL APPLN. 920/2018
RAJ SINGH DUA ….. Petitioner
THE STATE (NCT OF DELHI) ….. Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Rohit Nagpal with Mr. Sukkdeep
Kaur Rai, Advocates.
For the Respondent : Mr. Hirein Sharma, APP for the State.
SI Vikas Sahu, PS Naraina.
Ms. Shikha Sapra with Mr. Shaswat
Bhardwaj, Advocates for respondent
HON’BLE MR JUSTICE SANJEEV SACHDEVA
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks anticipatory bail in FIR No.245/2017 under
Sections 498A/406/417/354/34 IPC, Police Station Naraina.
2. Parties have settled their disputes and have entered into an
MOU dated 25.01.2019. Original MOU has been filed in Court. The
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same is taken on record.
3. Learned counsel for the parties submit that as per the MOU
dated 25.01.2019, petitioner has undertaken to pay a sum of Rs.30
lakhs apart from the return of the articles, mentioned in Annexure ‘A’,
annexed to the MOU dated 25.01.2019, to the respondent/complainant
in full and final settlement of all her claims. Said amount has been
agreed to be paid in 3 instalments of Rs.10 lakhs each, which are to be
paid at the time of recording of the statement for the First Motion, the
Second Motion and quashing of the subject FIR.
4. Though in the MOU it has been agreed that the amount of
Rs.22 lakhs deposited by the petitioner, in terms of order dated
24.04.2018 of this Court, as a condition for grant of bail, shall be
withdrawn by the Petitioner, however parties have now agreed that the
said amount be not released to the petitioner but be utilized for
making payments to the respondent/complainant.
5. Accordingly, the said MOU dated 25.01.2019, with the consent
of the parties, is modified to the extent that instead of the petitioner
seeking release of the said amount of Rs.22 lakhs, petitioner shall pay
an additional amount of Rs.8 lakhs to the respondent and the said
amount of Rs.22 lakhs, deposited by the petitioner in the form of
Fixed Deposit receipts of State Bank of India in the Court of
Metropolitan Magistrate, Patiala House, be encashed and the amount
remitted to the respondent/complainant in terms of the schedule
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6. It is further agreed that the at the time of the recording of the
statement of the First Motion, petitioner shall pay a sum of Rs.8 lakhs
to the respondent over and above the amount of Rs.22 lakhs deposited
with the Trial Court and the Trial Court shall release the sum of Rs.2
lakhs out of the amount deposited with it. The balance amount of
Rs.20 lakhs remaining with the Trial Court along with interest, if any
accrued on the Fixed Deposit Receipt, be released to the
respondent/complainant as per the schedule. Petitioner shall handover
all the articles mentioned in Annexure ‘A’ at the time of the signing of
the First Motion petition.
7. Further, it is agreed that in case the application of the parties
seeking waiver of the statutory period of 6 months is allowed by the
Trial Court, the respondent/complainant shall be entitled to both the
instalments of the First Motion and the Second Motion
8. It is agreed by the parties that the First Motion Petition shall be
filed jointly by the parties latest by 16.02.2019.
9. Parties undertake to abide by the settlement agreement and
perform their respective obligations as per the time lines agreed. The
Undertaking is accepted.
10. Petitioner was granted interim bail by order dated 24.04.2018.
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Keeping in view of the settlement between the parties, I am of the
view the petitioner has made out a case for grant of anticipatory bail.
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. 15,000/- with one surety of the like
amount to the satisfaction of the arresting officer/Investigating
11. The petition is allowed in the above terms.
12. Order Dasti under signatures of the Court Master.
JANUARY 28, 2019 SANJEEV SACHDEVA, J
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