ARTI BRAR Vs. JAGMOHAN SINGH BRAR

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No. 59 dated 28.7.2011 (Annexure P -1) and all the subsequent proceedings arising therefrom including summoning order dated 12.1.2012 (Annexure P -2). Vide order dated 22.3.2013, case was ordered to be put up before the Mediation and Conciliation Centre. Before the Mediation and Conciliation Centre, parties have amicably settled their dispute. Para Nos. 4 to 6 of the compromise read as under: - - 4. In view of the above settlement having been arrived at, it has been agreed that the Party of the second Part will pay the Party of the First Part a total sum of Rs. 2,41,50,000/ - (' Two Crores Forty one Lakhs Fifty thousand). Out of which the party of the Second Part has now paid a sum of Rs. 31,50,000/ - (' Thirty one Lakhs Fifty Thousand only) to the party of the First Part. The above amount has been paid vide cheque No. 103928 dated 31.10.2013 drawn on Union Bank of India, Sector 8, Chandigarh in favour of Sh. Jagmohan Singh Brar.

(2.) THE balance sum of Rs. 2,10,00,000/ - (' Two Crores Ten Lakhs only) shall be deposited in the next week up to 13/11/2013 by way of an FDR (Fixed Deposit Receipt) in the name of party to the first part i.e. Jagmohan Singh Brar by the party to the second part in Civil Court, Chandigarh with reference to the civil suit No. 104 of 2011 pending between the parties. This balance sum of Rs. 2,10,00,000/ - (' Two Crores Ten Lakhs only) by way of an FDR as stated above shall be delivered to the Party to the First Part by the Civil Court Chandigarh immediately upon the decreeing of the civil suit No. 104 of 2011 pending between the parties in terms of the settlement arrived at as aforesaid. Upon receipt of this payment, no other claim shall be agitated/raised by either party and or their ascendants or descendents against each other or their respective ascendants and descendants accordingly. No other dispute survives between either party and or their respective ascendants and descendants. The parties to the instant Settlement undertake that they will not violate any terms of the instant Settlement. Both the parties shall make due compliance with respect to the withdrawal of all the cases as per the instant settlement forthwith. If party of the first part resiles from any of the terms of the instant settlement, he shall be liable to return the amount of Rs. 31,50,000/ - paid to him on the signing of the instant settlement. In such eventuality the party of the first part shall also be liable to forthwith get the FDR cancelled and refund the amount of Rs. 2,10,00,000/ - (Rupees Two crores ten lacs only) to the second party along with the interested accumulated that he receives from the Bank with regard to this FDR. Similarly, if party of the second part resiles from any of the terms of the instant settlement, in such an eventuality, the Civil Court, Chandigarh shall release the FDR so deposited in favour of party of the first part instantly.

(3.) RESPONDENT , who is present in person, has admitted the contents of the compromise effected between the parties (Annexure 'X'). He has further stated that he has no objection in case the complaint in question is ordered to be quashed in view of the compromise effected between the parties before the Mediation and Conciliation Centre.