Full Judgment Text
32.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1222/2010
NIDHI MAHAJAN ..... Petitioner
Through Mr. Rajat Wadhwa, Advocate.
versus
STATE & ORS. ..... Respondents
Through Ms. Laxmi Chauhan, Advocate for Mr.
Pawan Sharma, Standing Counsel along with
Inspector Raj Kumar Singh, P.S. Moti Nagar.
Mr. J.K. Bhola, Advocate for the complainant.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
O R D E R
% 07.09.2010
1. Mr. Rajat Wadhwa, Advocate has shown me the original courier
receipt. Photocopy of the said courier receipt will be placed on record. The
original receipt is returned to Mr. Rajat Wadhwa, Advocate.
2. I have heard the counsel for the parties. A limited issue arises for
consideration and, therefore, the matter is taken up for final disposal. There
is also urgency in the matter.
3. The petitioner is the sister-in-law of the complainant Ms. Chetna
Durga Mahajan, who has filed a complaint under Section 498-A/406/34 IPC,
which has resulted in registration of FIR No. 185/2010, Police Station Moti
Nagar, Delhi.
4. The petitioner is 27 years old and has received scholarship to study in
France in French Language for the academic year 2010-11. The petitioner
has placed relevant papers on record. Her course will be ending in the
th
month of June, 2011. The FIR was registered only on 18 June, 2010 and is
still pending investigation. Parties are also trying to resolve and settle their
W.P.(CRL)1222-2010 Page 1
differences.
5. Keeping in view the age of the petitioner, the scholarship she has got
and balancing equities and interest of justice, it is directed as under:
(1) The petitioner is permitted and allowed to study abroad but will have
th
to return to India on or before 10 July, 2011.
(2) The petitioner within one month from today will send details of her
holidays/vacations to the SHO, Police Station Moti Nagar. In case
Investigating Officer requires presence of the petitioner, he shall
inform the parents of the petitioner and the petitioner will during
vacations/holidays report to the Investigating Officer.
(3) Mother of the petitioner is present in the Court and states that she will
deposit original title deed of property bearing part of third floor on
plot No. 402, Hindustan Cooperative House Building Society now
known as Guru Harkishan Nagar, New Delhi in this Court within two
days. She states that the original title deed may be retained by this
Court till the petitioner returns back to India in the month of July,
2011. She further states that in case the petitioner does not return
back to India, she will be liable to pay Rs.5 lacs. She will file a
surety bond in the form of an undertaking to the same effect before
this Court within a period of two days. Copy of the surety bond will
be furnished to the counsel for the complainant. In case the petitioner
does not return back, suitable order to enforce the surety bond by sale
of the property can be taken.
W.P.(CRL)1222-2010 Page 2
The writ petition is accordingly disposed of. Liberty is granted to the
parties including the complainant to apply for modification of this order.
Copy of this order will be given dasti to the learned counsel for the
petitioner under signature of the Court Master.
SANJIV KHANNA, J.
SEPTEMBER 07, 2010
VKR
W.P.(CRL)1222-2010 Page 3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1222/2010
NIDHI MAHAJAN ..... Petitioner
Through Mr. Rajat Wadhwa, Advocate.
versus
STATE & ORS. ..... Respondents
Through Ms. Laxmi Chauhan, Advocate for Mr.
Pawan Sharma, Standing Counsel along with
Inspector Raj Kumar Singh, P.S. Moti Nagar.
Mr. J.K. Bhola, Advocate for the complainant.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
O R D E R
% 07.09.2010
1. Mr. Rajat Wadhwa, Advocate has shown me the original courier
receipt. Photocopy of the said courier receipt will be placed on record. The
original receipt is returned to Mr. Rajat Wadhwa, Advocate.
2. I have heard the counsel for the parties. A limited issue arises for
consideration and, therefore, the matter is taken up for final disposal. There
is also urgency in the matter.
3. The petitioner is the sister-in-law of the complainant Ms. Chetna
Durga Mahajan, who has filed a complaint under Section 498-A/406/34 IPC,
which has resulted in registration of FIR No. 185/2010, Police Station Moti
Nagar, Delhi.
4. The petitioner is 27 years old and has received scholarship to study in
France in French Language for the academic year 2010-11. The petitioner
has placed relevant papers on record. Her course will be ending in the
th
month of June, 2011. The FIR was registered only on 18 June, 2010 and is
still pending investigation. Parties are also trying to resolve and settle their
W.P.(CRL)1222-2010 Page 1
differences.
5. Keeping in view the age of the petitioner, the scholarship she has got
and balancing equities and interest of justice, it is directed as under:
(1) The petitioner is permitted and allowed to study abroad but will have
th
to return to India on or before 10 July, 2011.
(2) The petitioner within one month from today will send details of her
holidays/vacations to the SHO, Police Station Moti Nagar. In case
Investigating Officer requires presence of the petitioner, he shall
inform the parents of the petitioner and the petitioner will during
vacations/holidays report to the Investigating Officer.
(3) Mother of the petitioner is present in the Court and states that she will
deposit original title deed of property bearing part of third floor on
plot No. 402, Hindustan Cooperative House Building Society now
known as Guru Harkishan Nagar, New Delhi in this Court within two
days. She states that the original title deed may be retained by this
Court till the petitioner returns back to India in the month of July,
2011. She further states that in case the petitioner does not return
back to India, she will be liable to pay Rs.5 lacs. She will file a
surety bond in the form of an undertaking to the same effect before
this Court within a period of two days. Copy of the surety bond will
be furnished to the counsel for the complainant. In case the petitioner
does not return back, suitable order to enforce the surety bond by sale
of the property can be taken.
W.P.(CRL)1222-2010 Page 2
The writ petition is accordingly disposed of. Liberty is granted to the
parties including the complainant to apply for modification of this order.
Copy of this order will be given dasti to the learned counsel for the
petitioner under signature of the Court Master.
SANJIV KHANNA, J.
SEPTEMBER 07, 2010
VKR
W.P.(CRL)1222-2010 Page 3