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In The High Court of Delhi at New Delhi
In The High Court of Delhi at New Delhi
ORDER
% 16.07.2018
Issue notice.
Mr.Amit Chadha, the learned Additional Public Prosecutor
accepts notice for the State.
The petitioner seeks anticipatory bail in FIR No.530/2017
under sections 498-A/406/377/34 IPC registered at Police Station
Rajouri Garden on a the complaint made by his wife, consequent to
certain matrimonial and domestic disputes having arisen between the
parties. The complainant is present in the Court along with her
counsel and has been identified by the Investigation Officer. At her
oral request, she is impleaded as a party/respondent No.2. Let
amended Memo of Parties be filed within two days.
The learned counsel for the parties agree that an endeavour
would be made to explore the possibility of an amicable settlement of
the lis and the matter be referred for mediation.
At this stage, learned counsel for the complainant submits that
to establish the bonafides, the petitioner should in the first instance,
provide an accommodation to the wife as she has been living away
from her matrimonial home since 24.09.2016. She is keen to save her
marriage and salvage her matrimonial ties.
Mr.Rajiv Khosla, learned counsel for the petitioner submits
that:
i) a residential accommodation shall be arranged by the petitioner;
ii) the petitioner too shall make every endeavour to save his
marriage;
iii) a valid rent agreement, the name of his wife as a tenant, shall be
filed before the next date of hearing; and
iv) the rented accommodation shall be of similar standard in which
the complainant was living in the matrimonial home earlier.
The complainant may suggest few addresses where she may
want to set up her matrimonial home. The petitioner shall
diligently look into it and respond to the complainant either
directly or through her counsel. The learned counsel for the
petitioner further submits that these terms can be made a part of
the condition for the grant of anticipatory bail. It is so ordered.
Mr.Khosla further submits that the petitioner is willing and
ready to join investigation and shall report before the Investigating
Officer on every date when he is so called for. In view of the above,
the petitioner shall appear before the Investigating Officer on
17.07.2018 at 4.00 p.m. at Police Station Rajouri Garden.
Renotify on 3rd August, 2018.
Till then the petitioner shall not be arrested in this case.
NAJMI WAZIRI, J.
JULY 16, 2018/sa