Full Text
CRL.M.C. 1455/2015
DAYA SHANKAR JHA Petitioner
Through Mr.Vijay Kinger, Adv. along with petitioner in person.
Through Mr.Ravi Nayak, AFP for the State.
Mr.Sanjay Verma, Adv. for R-2 along with respondent No.2 in person.
15.04.2015 CrI.M.A. No. 5355/2015 Exemption allowed, subjectto alljust exceptions.
The application is disposed of.
Crl.M.C. 1455/2015 Petitioner and respondent No.2 are present in Court who have been identified by their respective counsel.
The present petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure seeking quashing/setting aside of impugned
ORDER
Metropolitan Magistrate in Complaint No.86/2012 and subsequent proceedings arising therefrom on the basis ofthe settlement. The terms and
2015:DHC:10775 conditions of the settlement are recorded in Settlement Deed dated 10*
April, 2015 which are reproduced as below:
"1. That part-I has deposited a sum of Rs.60000/- & paid a sum of Rs. 15000/- as per the order of the Hon'ble Court a total sum of Rs.75000/- to part-II full and final compensation with respect the complaint case under Section 138 of N.I Act filed by the part-II.
2. That part-II will help the part-I to quash/set aside the judgment/order passed by the appellate court as well as the trial court in the said complaint case, in which the appellate as ^ well as the trial court sentence the part-I. Z'" 3. That both the parties will co-operate each other to quash/set aside the judgment/order passed by the appellate court as well as the trial court.
4. That both the parties under-takes that they undertake and bound by the said terms and conditions.
5. That both the parties have signed this settlement deed without any pressure and with free consent, in the interest of parties." The petitioner and respondent No.2 are present and they have confirmed the settlement arrived at between them and have no.objection if the proceedings before the trial court be quashed in view of the said settlement. Counsel forthe State has no objection to the same. ^ In view ofthe averments made inthe petition as well as the settlement arrived at between the parties, the impugned judgment dated 3* March, 2015 passed by ADJ, East District, KKD Courts, Delhi, in Crl. Appeal No.60/2014 titled as Daya Shankar Jha vs. Rebacca Luca and ordei/judgment dated 12 May, 2014 passed by Metropolitan Magistrate in Complaint No.86/2012 and subsequent proceedings arising are hereby quashed, subject to deposit of 15% of the cheque amount by way of cost with the Delhi Legal Services Authority within four weeks. The receipt thereof shall be filed within two weeks after the deposit of the said amount with an advance copy thereof to the 10 of the case. In case the receipt is not filed, the matter be listed before Court for directions. The petition is accordingly disposed of. Dasti under the signatures ofthe Court Master.
APRIL 15, 2015