Jason Ashok Kothari v. State NCT of Delhi & Ors

J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral)

CRL.M.A. 24766/2023 in CRL.M.C. 2072/2022

¶1The present application has been filed on behalf of Respondent No. 4 seeking direction to delete his name from the array of the parties, in view of the settlement arrived at between the respondent and the petitioners.

¶2The present respondent had booked two residential units bearing No. IG-04-1604 & IG-04-0201 located in residential complex called Imperial Garden Situated at Sector 102, VillageKherkiMajra, Dhankot, Gurugram, Haryana.

¶3On account of non-delivery of the residential units, the FIR bearing No. 223/2018 was lodged against the petitioners.

¶4However, now the parties have entered into a settlement.

¶5There are two settlement agreements dated 11.09.2023 in respect of IG-04-1604 & IG-04-0201 respectively.

¶6The parties have entered the settlement on the terms and condition as not been reproduced for the sake brevity.

¶7Mr. Rajan Walia is present in person and states that he has voluntarily entered into the settlement with the petitioners and has received the entire amount and therefore his name may be deleted from the array of the parties.

¶8In view of the submissions made, name of Respondent No. 4 is deleted from the array of the partiesin Crl.M.C. 2072 of2022 titled as "ANIL BHALLA Vs. State &Ors.The FIR No. 223/2018 registered at

P.SEOW, New Delhi, qua the present Respondent stands quashed. CRL.M.A. 24770/2023 in CRL.M.C. 2072/2022

¶9The present application has been filed on behalf of Respondent No. 2 seeking direction to delete his name from the array of the parties from FIR No. 223/2018 registered at P.S EOW, New Delhi, in view of the settlement arrived at between the respondent and the petitioners.

¶10The respondent had booked a residential unit bearing No. IG-06-1402 located in residential complex called Imperial Garden Situated at Sector 102 Village KherkiMajra, Dhankot, Gurugram, Haryana.

¶11Since the unit was not delivered, a FIR No. 223/2018 was registered at PS EOW was lodged and after investigation the charge-sheet was filed.

¶12However, now the parties have entered into the settlement vide settlement agreement dated 06.09.2023.

¶13The present petition bearing CRL.M.C. 2072/2022 was filed for quashing of the FIR qua the present respondent.

¶14Now Mr. Alok Sabharwal/Respondent No.2 is present in person and states that he has entered the settlement on the terms and conditions as not been reproduced for the sake brevity. The Respondent no.2 submits that a DD Bearing No. 299381 dated 31.08.2023 in the name of Mr. Alok Sabharwal amounting to Rs. 13,200,500/- (Rupees Thirteen Million Two Hundred Thousand Five Hundred Only) drawn from The Hongkong and Shanghai Banking Corporation Limited(HSBC Bank) has been handed over to him in court.

¶15Respondent No.2 states that he has voluntarily entered into the settlement without any fear, force and coercion.

¶16Since it was civil dispute and the parties have amicably settled the matter, I consider that there would be no purpose of continuing with the proceedings. Taking into the account the totality of facts and circumstances, the name of Respondent No.2 is deleted from the array of parties in Crl. M.C. 2072 of 2022 titled as "ANIL BHALLA Vs. State &Ors. The FIR No. 223/2018 registered at P.SEOW, New Delhi, qua the present Respondent stands quashed. CRL.M.A. 24772/2023 in CRL.M.C. 2108/2022

¶17The present application has been filed on behalf of Respondent No. 4 seeking direction to delete his name from the array of the parties, in view of the settlement arrived at between the respondent and the petitioners.

¶18The present respondent had booked two residential units bearing No. IG-04-1604 & IG-04-0201 located in residential complex called Imperial Garden Situated at Sector 102, Village KherkiMajra, Dhankot, Gurugram, Haryana.

¶19On account of non-delivery of the residential units, the FIR bearing No. 223/2018 was lodged against the petitioners.

¶20However, now the parties have entered into a settlement.

¶21There are two settlement agreements dated 11.09.2023 in respect of IG-04-1604 & IG-04-0201 respectively.

¶22The parties have entered the settlement on the terms and condition as

not been reproduced for the sake brevity.

¶23Mr. Rajan Walia is present in person and states that he has voluntarily entered into the settlement with the petitioners and has received the entire amount and therefore his name may be deleted from the array of the parties.

¶24In view of the submissions made, name of Respondent No. 4 is deleted from the array of the parties in Crl.M.C. 2108 of 2022 titled as "JASON ASHOK KOTHARI Vs. State &Ors.". The FIR No. 223/2018 registered at P.SEOW, New Delhi, qua the present Respondent stands quashed. CRL.M.A. 24773/2023 in CRL.M.C. 2108/2022

¶25The present application has been filed on behalf of Respondent No. 2 seeking direction to delete his name from the array of the parties from FIR No. 223/2018 registered at P.S EOW, New Delhi, in view of the settlement arrived at between the respondent and the petitioners.

¶26The respondent had booked a residential unit bearing No. IG-06-1402 located in residential complex called Imperial Garden Situated at Sector 102 Village KherkiMajra, Dhankot, Gurugram, Haryana.

¶27Since the unit was not delivered, a FIR No. 223/2018 was registered at PS EOW was lodged and after investigation the charge-sheet was filed.

¶28However, now the parties have entered into the settlement vide settlement agreement dated 06.09.2023.

¶29The present petition bearing CRL.M.C. 2108/2022 was filed for

quashing of the FIR qua the present respondent.

¶30Now Mr. Alok Sabharwal/Respondent No.2 is present in person and states that he has entered the settlement on the terms and conditions as not been reproduced for the sake brevity. The Respondent no.2 submits that a DD Bearing No. 299381 dated 31.08.2023 in the name of Mr. Alok Sabharwal amounting to Rs. 13,200,500/- (Rupees Thirteen Million Two Hundred Thousand Five Hundred Only) drawn from The Hongkong and Shanghai Banking Corporation Limited(HSBC Bank) has been handed over to him in court.

¶31Respondent No.2 states that he has voluntarily entered into the settlement without any fear, force and coercion.

¶32Since it was civil dispute and the parties have amicably settled the matter, I consider that there would be no purpose of continuing with the proceedings. Taking into the account the totality of facts and circumstances, the name of Respondent No.2 is deleted from the array of parties in Crl. M.C. 2108 of 2022 titled "JASON ASHOK KOTHARI Vs. State &Ors.".The FIR No. 223/2018 registered at P.SEOW, New Delhi, qua the present Respondent stands quashed.

¶33Next dated fixed i.e., 10.11.2023 stands cancelled.

DINESH KUMAR SHARMA, J

SEPTEMBER 14, 2023/AR

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2072/2022 ANIL BHALLA ..... Petitioner Through: Mr. Nimish Chib, Mr. Anmol Dandona and Mr. Ankit Rana, Advs. versus THE STATE NCT OF DELHI & ORS. ..... Respondents Through: Mr. Amit Sahni, APP and Insp. Yad Ram Yadav, PS EOW. Mr. Ravin Rao, Adv. for R-2 and 4. + CRL.M.C. 2108/2022 JASON ASHOK KOTHARI ..... Petitioner Through: Mr. Nimish Chib, Mr. Anmol Dandona and Mr. Ankit Rana, Advs. versus STATE NCT OF DELHI & ORS. ..... Respondents Through: Mr. Amit Sahni, APP and Insp. Yad Ram Yadav, PS EOW. Mr. Ravin Rao, Adv. for R-2 and 4. % Date of Decision: 14.09.2023. CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA