Kavita Garg v. The State ( NCT of Delhi) & Anr

G.S.SISTANI, J

SANGITA DHINGRA SEHGAL, J MAY 19, 2016 ssb

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment dated 19th May, 2016 + W.P.(CRL) 1088/2016 KAVITA GARG ..... Petitioner Through: Ms.Rakhi Dubey, Advocate with Mr.Kavita Garg and Mr.Ajay Garg Ms.Shifa Nagar and Ms.Rashmi Verma, Advocates with Ms.Kavita Garg and Mr.Sanjay Garg versus THE STATE ( NCT OF DELHI) & ANR ..... Respondents Through: Mr.Rahul Mehra, Standing Counsel with Mr.Amrit Singh, Advocate for the State with ACP S.A.Rashid, SEM, Seelampur, Shahdara, Sub Insp. Rajender Dhama, PS Shahdara CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.Sistani, J. (Oral) 1. Petitioner had approached this court by filing a petition under Article 226 of the Constitution of India read with section 482 Cr.P.C., inter alia, seeking a writ of Habeas Corpus against the illegal confinement of her husband under section 107/151 Cr.P.C. 2. It may be noted that upon mentioning, the petition was listed before the Special Bench on Saturday i.e., 2.4.2016. 3. In the writ petition, it has been averred that both husband of the petitioner and his brother who were staying in the same building, have been detained by the police. The brothers had an altercation on 01.4.2016 and accordingly husband of the petitioner Ajay Garg made a call on phone number 100. In the meanwhile, matter was settled but on arrival the police had demanded money for wasting their time and fuel charges. The husband of the petitioner refused to give money. In order to extort money, husband of the petitioner was asked to accompany police to the police station. The husband of the petitioner Ajay Garg and his brother Sanjay Garg were forcibly taken into custody. They were then produced before Mr.S.A.Rashid who was working as a Special Executive Magistrate. No copy of Kalandara was supplied to the husband of the petitioner or his brother. The husband of the petitioner produced a sound surety along with bail bond from his own daughter. However, the surety bond was not accepted and no order for grant of bail was passed and husband of the petitioner and his brother were sent to judicial custody till 5.4.2016 despite their pleading that matter stood resolved. 4. As already noticed, the matter was listed before this court on 2.4.2016 upon mentioning. The submissions made by counsel for the petitioner were noted in the order. We then directed SEM, Seelampur, Shahdara, Delhi to take up the matter for hearing on 2.4.2016 itself and in case surety furnished by the husband of the petitioner Ajay Garg and his brother Sanjay Garg was in order, it should be accepted. The matter was adjourned to 4.4.2016. On 4.4.2016, we were informed that petitioner's husband stood released. Learned counsel for the State and the Special Executive Magistrate who were present in court, informed the court that petitioner had suppressed material facts as on two earlier occasions, the husband of the petitioner and his brother had furnished bonds and undertaking of good conduct but they had failed to adhere to the undertaking. 5. On 4.4.2016, Ms.Rakhi Dubey represented husband of the petitioner Ajay Garg and Mr.Rajat Aneja represented Sanjay Garg and both counsel prayed that matter may be referred before the Delhi High Court Mediation and Conciliation Centre and also suggested that mother of the parties be also requested to join the mediation proceedings. Such a direction was passed by this court. Thereafter, the matter was adjourned to 4.5.2016 and then on 19.5.2016. 6. We are informed by learned counsel for the parties that the parties have entered into an amicable settlement. 7. A copy of the settlement arrived at the Mediation Centre has been placed on record. The settlement agreement has been signed by Mr.Ajay Garg and his wife Mrs. Kavita Garg and Mr.Sanjay Garg and his Wife Mrs. Kavita Garg. They have also placed on record copies of two site plans which have also been duly signed by the parties. Learned counsel further submits that nothing further survives in this petitio