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W.P.(CRL) 83/2017
JAGDISH BHATT Petitioner
Through: Mr. Ghanshyam Yadav, Adv.
Through: Ms. Nandita Rao, ASC for State with
JUDGMENT
4 SI Arun Kumar, P.S. Ghazipur. Mr. Manohar Singh, Senior Manager, HDFC Bank/R-2. AND W.P. (ORE.) 3551/2016 MANOJ KUMAR Petitioner Through: Mr. Gaurav Vashisht, Adv.
VERSUS
THE STATE (NOT OF DELHI) & ORS. Respondents Through: Mr. Ashish Aggarwal, ASC for the State with SI Arun Kumar, P.S. Ghazipur. I Mr. Manohar Singh, Senior Manager, ^ HDFC Bank/R-2. CORAM: HON'BLE MR.
JUSTICE A.K. PATHAK ORDER % 03.02.2017 It is submitted that both the petitioners have settled the matter with the respondent no.2-HDFC Bank on 10^^ June, 2016 before the Additional Sessions Judge-03, East, Karkardooma Courts, Delhi during the hearing of their respective bail applications. Copies of orders both dated 10^^ June, 2017:DHC:8623 i 2016 passed by the learned ASJ have been annexed as Annexures P-3 and Annexure-B respectively. Mr.-Manohar Singh, Senior Manager, HDFC Bank, who is Attorney of respondent no.2, is present in Court,and has been identified by SI Arun Kumar of police station Ghazipur. Mr. Manohar Singh submits that he holds the Power of Attorney in his favour executed by the HDFC Bank and is competent to make a statement on behalf ofthe bank. Photocopy ofthe Power ofAttorney is placed on record. Mr. Manohar Singh admits that matter has been settled between the petitioners and HDFC Bank duringthe hearing of bail applications of the petitioners. He further submits that petitioner-Jagdish Bhatt has already paid entire settled amount, i.e., ?1 lack; whereas petitioner-Manoj Kumarhas already paid ?2.88 lacs out of the total settled amount of ?3.88 lacs. Balance settled amount of ^1 lac has been paid by the counsel for the petitioner-Manoj Kumar to Mr. Manohar Singh by way of two demand drafts, photocopies whereof have been placed on record. Mr. Manohar Singh further submits that HDFC Bank has no objection in case the FIR is quashed in view ofthe settlement. Keeping in mind the a settlement arrived at between the petitioners and the bank in the trial court, inasmuch as, terms whereof have already been complied with, in the interest of justice, FIR No. 955/2015 under H Sections 420/468/471/120-B IPG registered at police station Ghazipur quashed is quashed. Both the writ petitions are disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti.
FEBRUARY 03,2017 ga A.K. PATHAK, J