Full Text
CRLM.C. 2602/2011
MADAN LAL SACHDEVA & ORS Petitioners Tlirough:l^r. Rishab Relan, Adv.
Through:Ms. Ritu Gauba, APR for the State i\/lr. Sanjay Suri, Adv. for R-2 with
R-2 in person.
08.08.2011 Crl.M.A.9280/2011 Exemption allowed subject to all just exceptions.
ORDER
1. Notice.
2. Ms. Ritu Gauba, APP accepts notice on behalf of the State.
3. ivir. Sanjay Suri, Advocate accepts notice on behalf of respondent No.2.
4. Ld. counsel for the petitioner submits that the matter has 2011:DHC:8937 7^ already been settled vide settlement dated 17.01.2011 and as per the settlennent it is agreed that the petitioners shall pay T[4],09,000/- as full and final settlennent to the respondent No.2.
5. Ld. counsel for the petitioner further submits that today the petitioner is paying the aforesaid amount to respondent No.2 by way of two bank drafts, viz., bank draft No.129899 dated 26.07.2011 for T 91,500/- drawn on Vijya Bank Service Branch, Delhi and bank draft No.056622 dated 03.08.2011 for T 1,22,500/drawn on Bank of India, Kamla Nagar, Delhi. Balance amount of f 1,95,000/- has been paid in cash in the Court today. Thus, the total amount of ?4,09,000/- has been paid to the respondent No.2 in the Court which the respondent No.2 accepted without any protest.
6. The respondent No. 2, who is personally present in the Court, submits that he has settled all the disputes with the petitioners qua the FIR No.617/1999 dated 01.08.1999 registered at PS Punjabi Bagh under Section 506/34 of the IPC. Further submits that he does not want to pursue the matter any further and that he has no objection if the aforesaid FIR is quashed.
7. Ld. APP for the State submits that the charge has been framed and the matter is pending for prosecution evidence. >
8. Keeping in view the aforesaid settlement dated 17.01.2011 and the fact that the matter has already been settled between the parties and the respondent No. 2 does not want to pursue the matter any further. In the interest of justice, I quash the aforesaid FIR No.617/1999 dated 01.08.1999 registered at PS Punjabi Bagh under Section 506/34 of the IPC and all the proceedings emanating therefrom.
9. Since the Government Machinery has been used and the valuable time of the court has been consumed, therefore, I impose a cost of ? 10,000/- on each of the petitioners to be paid in favour of the Advocates Welfare Fund, Delhi Bar Council, within 7 days from today. The proof of the payment of cost shall be placed on record.
11. Criminal M.B. 2602/2011 is allowed and disposed of in the above terms.
SURESH KAITJ AUGUST 08, 2011 RS r-i^ V