Full Text
HIGH COURT OF DELHI
W.P.rCRD 209/2013 RANJANA MADAN Petitioner
Through: Mr. P. Roy Choudhari, Advocate with the petitioner in person.
Through; Mr. Saleem Ahmed, ASC for State with SI Suraj Bhan, PS: B.K. Road.
Ms. Ekta Sil<ri, Advocate for R-3/complainant with father of the complainant in person.
W P.rCRn 893/2013 ARJUN MADAN Petitioner
Through: Mr. P. Roy Choudhari, Advocate
Through: Ms. Priyanka Kapoor, Mr. Sahil Mongia and Mr. Mohd. Adnan, Advocates for
Mr. Pawan Sharma, Standing Counsel (CrI.)
GNCTD with SI Suraj Bhan, PS: B.K. Road.
Ms. Ekta Sikri, Advocate for R-3/complainant with father of the complainant in person.
ORDER o/o 14.08.2013 W.P.(CRL) Nos.209 &893/2013 Page No.l of 4
2013:DHC:7519
JUDGMENT
1. The present petitions have been filed by the petitioners (motherin-iaw of the compiainant in WP (Cri.) 209/2013 and husband of the complainant in WP(Cri.) 893/2013), under Article 226 of the Constitution of India read with Section 482 Cr.P.C. praying inter alls for quashing of FIR No.162/2012 lodged by the respondent IMo.3/complainant under Sections 406/498A IRC with PS Barakhamba Road, Delhi.
2. Counsels for the parties jointly state that after the parties were referred to nnediation, they have been able to arrive at a settlennent, as recorded in the Settlement Agreement dated 8.8.2013.
3. The Court has perused the aforesaid Settlement Agreement. The same has been signed by the petitioners and the authorized representative of the respondent No.3/complainant, who is her father, as also by their respective counsels. The terms and conditions of the settlement are set out in para 7 of the Settlement Agreement.
4. In terms of the settlement arrived at between the parties, they have agreed that the petitioners shall pay a sum of ^^15.00 lacs to the respondent No.3/complainant in full and final settlement of all. her claims against them. The mode and manner of making the payment have been set out in the Settlement Agreement. W.P.(CRQ Nos.209 &893/2013 PageNo.2 of[4]
5. Counsel for the petitioners states that l^rs. Ranjana Madan shall deposit FDRs totalling to ?15.50 lacs in the Registry in the course of the day and the same shall be retained by the Registry till an application is filed by the parties confirming inter alia that they have acted on all the terms and conditions of the settlement and discharged their obligations.
6. Counsel for the respondent No.3/complainant confirms the fact that her client has arrived at a negotiated settlement with the petitioners through her father in whose favour she has executed a Special Power of Attorney, which has been placed on record along with the aforesaid Settlement Agreement.
7. The Settlement Agreement dated 8.8.2013 is taken on record. The parties shall remain bound by the terms and conditions of the settlement.
8. As a negotiated settlement has been arrived at between the petitioners and the respondent No.3/complainant, the 10 is directed to release the passport to Mr. Arjun Madan forthwith upon the petitioners showing proof of deposit of the aforesaid FDRs to the counsel for the respondent No.3/complainant as also to the 10. W.P.(CRL) Nos.209 &893/2013 Page No.3 of[4] #
9. Mr. Saleem Ahmed, ASC for the State submits that as the parties have arrived at a negotiated settlement, he shall instruct the concerned authorities to withdraw the LOCs issued in respect of Mr.Arjun Madan.
10. With the consent of the parties, the present petitions are disposed of with liberty granted to them to file a petition for seeking quashing of the subject FIR, after all the terms and conditions of the Settlement Agreement have been acted upon by them.
AUGUST 14, 2013 sk/mk HI!^A KOHLI, J