BAIL APPLN./492/2015 of JITIN PAL SINGH Vs STATE

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INTHE HIGH COURT OF DELHI AT NEW DELHIBAIL APPLN. 491/2015BAIL APPLN. 491/2015

GUNVEEN SINGH..... PetitionerThroughMr.Rajat Aneja, Adv. withMs.Rashmi Verma, Adv.ThroughMr.Rajat Aneja, Adv. withMs.Rashmi Verma, Adv.

versus

STATE..... RespondentThroughMr.M.P.Singh, APP for the Statealong with SI Kuldeep Singh.Mr.P.C. Sharma/complainant inperson.

BAIL APPLN. 492/2015JITIN PAL SINGH..... PetitionerThroughMr.Rajat Aneja, Adv. withMs.Rashmi Verma, Adv.versusSTATE..... RespondentThroughMr.M.P. Singh, APP for the Statealong with SI Kuldeep Singh.Mr.P.C. Sharma/complainant inperson.1#BAIL APPLN. 493/2015SMT HARLEEN KAUR..... PetitionerThroughMr.Rajat Aneja, Adv. withMs.Rashmi Verma, Adv.versusSTATE..... RespondentThroughMr.M.P.Singh, APP for the Statealong with Sl Kuldeep Singh.

Mr.P.C. Sharma/complainant inperson.

BAIL APPLN. 432/2015

NAVNEET KAUR..... PetitionerThroughMr.Rajat Aneja, Adv. withMs.Rashmi Verma, Adv.ThroughMr.Rajat Aneja, Adv. withMs.Rashmi Verma, Adv.

versus

THE STATE..... RespondentThroughMr.M.P.Singh, APP for the Statealong with SI Kuldeep Singh.Mr.P.C. Sharma/complainant inperson.ThroughMr.M.P.Singh, APP for the Statealong with SI Kuldeep Singh.Mr.P.C. Sharma/complainant inperson.

CORAM:HON'BLE MR. JUSTICE MANMOHAN SINGH

ORDER27.05.2015

By this order I propose to decide the above mentioned matters filed bythe petitioners. This order is passed in continuation of order dated 24 1hMarch, 2015. The matter was referred to Delhi High Court Mediation andConciliation Centre for settlement. After few meetings, parties have settledtheir disputes by virtue of settlement agreement dated 25 [1h ]May, 2015. Theterms of the settlement are mentioned in para 8 of the agreement which isreproduced hereinbelow:

"8. The following settlement has been arrived at between the Parties hereto:

a) That first party shall pay Rs. 42,50,000/- to the second party as full andfinal settlement of all the claims of the second party against the firstfinal settlement of all the claims of the second party against the first

party. Out of Rs. 42,50,000/-, Rs. 18,00,000/- has already been paid to

the second party vide orders dated 04.03.2015 by Hon'ble High Courtof Delhi. Out of the balance Rs. 22,50,000/-, the first party shall makethe payment in the following manner- -

i)Both parties shall request the Hon'ble High Court on 27.05.2015to de-freeze the Account No. 912010026862609 with Axis BankOkhla Phase — 1, New Delhi in the name of Ms. Harleen Kaur ofthe first party and release the amount of Rs. 10,00,000/- fromthe said account to the second party.to de-freeze the Account No. 912010026862609 with Axis BankOkhla Phase — 1, New Delhi in the name of Ms. Harleen Kaur ofthe first party and release the amount of Rs. 10,00,000/- fromthe said account to the second party.

ii)The balance amount of Rs. 14,50,000/- shall be paid by the firstparty to the second party within 4 months of execution of thepresent settlement agreement. The first party shallsimultaneously move petition for quashing of the FIR No.785/2014 u/s 471/406/420/468/120-B IPC P.S. Hari Nagar, NewDelhi before this Hon'ble Court and the second party shall givehis no objection and shall extend his full cooperation in thequashing of the said FIR including filing of his affidavit andputting personal presence before the Hon'ble Court.party to the second party within 4 months of execution of thepresent settlement agreement. The first party shallsimultaneously move petition for quashing of the FIR No.785/2014 u/s 471/406/420/468/120-B IPC P.S. Hari Nagar, NewDelhi before this Hon'ble Court and the second party shall givehis no objection and shall extend his full cooperation in thequashing of the said FIR including filing of his affidavit andputting personal presence before the Hon'ble Court.b) That the second party shall move petition within two months fromexecution of the present settlement agreement for quashing of the FIR209/2014 u/s 420/504/406 IPC, Police Post Lal Thapad P.S. Kotwali,Doewala, Dehradun before the Hon'ble High Court of Uttrakhand andthe Sh. Gunveen Singh of the first party shall give his no objection andshall extend his full cooperation in the quashing of the said FIR quathe second party including filing of his affidavit and putting personalpresence before the Hon'ble Court. The first party shall inform theinvestigating agency of having compromised the FIR No. 209/2014,u/s 420/504/406 IPC, Police Post Lal Thapad P.S. Kotwali, Doewala,Dehradun and request them to not take any action against the secondparty. The first party shall be at liberty to continue the said prosectionagainst the rest of the accused persons.execution of the present settlement agreement for quashing of the FIR209/2014 u/s 420/504/406 IPC, Police Post Lal Thapad P.S. Kotwali,Doewala, Dehradun before the Hon'ble High Court of Uttrakhand andthe Sh. Gunveen Singh of the first party shall give his no objection andshall extend his full cooperation in the quashing of the said FIR quathe second party including filing of his affidavit and putting personalpresence before the Hon'ble Court. The first party shall inform theinvestigating agency of having compromised the FIR No. 209/2014,u/s 420/504/406 IPC, Police Post Lal Thapad P.S. Kotwali, Doewala,Dehradun and request them to not take any action against the secondparty. The first party shall be at liberty to continue the said prosectionagainst the rest of the accused persons.

c) That the first party shall request the Hon'ble High Court of Delhi on27.05.2015 to de-freeze their all bank accounts and permit them to selltheir vehicles and the second party shall give his no objection for the27.05.2015 to de-freeze their all bank accounts and permit them to selltheir vehicles and the second party shall give his no objection for the

same.

d) That after the quashing of the cross cases and receipt of Rs.42,50,000/- as stated above by the second party, both parties shall beleft with no claims whatsoever against each other. The second partyand partnership firm "Sunshine Hospitality" shall also be left with noclaim against each other."42,50,000/- as stated above by the second party, both parties shall beleft with no claims whatsoever against each other. The second partyand partnership firm "Sunshine Hospitality" shall also be left with noclaim against each other."

The said settlement is signed by the petitioners as well as complainantand their respective counsel in the presence of the Mediator.

It is informed by the petitioners and the complainant that the threeBank Accounts bearing No.912010026862609, in the name of Mrs.HarleenKaur and Account No.910010047287625, in the name of Mr.GunveenSingh, Axis Bank Ltd., Okhla Phase I Branch, New Delhi, in the name ofMrs.Harleen Kaur, and Account No. 131010100420440 in the name ofMr.Ajinder Pal Singh, at Axis Bank Ltd., DLF-4, Gurgaon Branch, havebeen freezed by the 10.

It is agreed that all said three accounts be defreezed and sum ofRs.10 lac shall be released to the complainant Sh.P.C. Shan-na from theBank Account bearing A/c No.912010026862609, Axis Bank Ltd., which isin the name of Mrs.Harleen Kaur. The petitioners also agree to pay theremaining amount of Rs. 14,50,000/- to Mr.P.C. Sharma within four monthsfrom the date of settlement i.e. 25 May, 2015, subject to the condition thatthe complainant shall cooperate with the petitioners for quashing the FIRNo.785/2014 under Sections 471/406/420/468/120-B IPC, Police StationHari Nagar, New Delhi. As agreed between the parties, it is directed that theall accounts be defreezed which were freezed by the 10. If the presence ofthe 10 is required in the bank, he will to do the needful. I have been

infon-ned by the petitioners as well as complainant that the 10 had written aletter to Regional Transport Authority, Gurgaon not to transfer the vehiclebearing Registration No. HR 26 CB 1399 (Brand: Audi Car) in the name ofMrs.Harleen Kaur, one of the petitioners. Complainant has no objection tothe said letter being withdrawn by the 10 and the petitioners be permitted tosell the said vehicle. The interim protection already granted is madeabsolute. All the petitions are accordingly disposed of in terms of settlementarrived at between the parties and it is directed that in the event of theirarrest, the petitioners shall be released on bail subject to their furnishing apersonal bonds in the sum of Rs.10,000/- each with one surety of the likeamount to the satisfaction of the Investigating Officer.

The petitions are accordingly disposed of. Dasti to both parties.

-'MVM0AH"1NGH, JJ

MAY 27, 2015/jk