MEHINDER SINGH SULLAR, J. - (1.) PETITIONER -Partha P. Dutta son of Paramesh Dutta, has preferred the instant petition for the grant of concession of anticipatory bail, in a case registered against him along with his parents, vide FIR No.236 dated 07.10.2011, on accusation of having committed the offences punishable under Sections 498 -A, 323, 406 and 506 IPC, by the police of Police Station Sector 40, Gurgaon.
(2.) NOTICE of the petition was issued to the State. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration of the entire matter, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.
(3.) AT the very outset, learned counsel for the petitioner has placed on record the photocopy of settlement deed dated 16.08.2013, between the parties which is to the following effect: - "We have amicably settled our matrimonial dispute in the following terms: - 1. We will file a divorce petition under Section 13 -B of HMA for dissolution of our marriage by way of mutual consent. 2. The custody of the minor daughters, namely, Nishtha Dutta (9) and Ananya Dutta (6) shall remain with the mother. The petitioner shall pay a sum of Rs.30,000/ - per month towards maintenance of the daughters with effect from 1.9.2013 till July 2014 and thereafter he shall pay Rs.40,000/ - per month till the minors attain majority. The respondent -wife alongwith her children shall stay in a flat No. Y -075, Regency Park -II, DLF Phase -IV, Gurgaon and petitioner -husband shall move out the said flat by 20th September 2013. The remaining EMIs of the said flat shall be paid by respondent No.1 -wife. She will be entitled to claim tax benefits regarding payment of the EMIs. Petitioner -father and his parents shall have visitation rights to meet the minors as per convenience of the parties and minor children. On weekends the minors will be allowed to stay with the father twice in a month. During summer and winter vacations, 1/2 vacations will be spent by the children with their mother and 1/2 with their father as per convenience of the minors. Both the parents shall be allowed to take the children overseas for holidaying as per the convenience of the minors. The father will be allowed to meet the children on major festivals and on birthdays as per the convenience of the children. The parents of the petitioner can visit the children as and when they happen to visit Gurgaon. 3. The vehicle (Honda City Car ­ No. HR -26 -AK/4890) which is in possession of respondent -wife shall remain in her possession and the petitioner shall have no objection in the transfer of ownership of the vehicle in her name. He will transfer the ownership by 20th September 2013. 4. The petitioner -husband had sold flat No. GAG -064, New Town Heights, Manesar, Sector 86, Gurgaon. He alone shall be liable for the tax liabilities of the sale of said flat. Petitioner -husband has not paid any amount out of sale consideration of the said flat to respondent -wife. 5. The petitioner shall hand over the passport of the children to the respondent -wife. The petitioner -husband can attend PTMs of his minor daughters. 6. Both the parties shall withdraw all the cases/complaints filed by them against each other and their parents. 7. Both the parties shall return the jewelry of each other. ;