RAMA SINGLA Vs. NAVNEET SINGLA AND OTHERS

JUDGEMENT

(1.) The present contempt petition is filed against the respondents for non-compliance of the order dated 05.06.2015 passed by the Judicial Magistrate Ist Class, Derabassi, vide which the JMIC, Derabassi allowed the complainant to withdraw the same in view of the statement of Navneet Singla, respondent No.1, accused in the complaint filed by the petitioner-Rama Singla, to the effect that he shall pay Rs.15.00 lacs to the complainant -Rama Singla qua himself and the other accused.

(2.) The facts in short are that a complaint was filed by the petitioner under Sections 406, 420, 120-B IPC at Police Station Zirakpur, District SAS Nagar in the Court of Sub Divisional Judicial Magistrate, Derabassi against the respondents. Since both the parties were related to each other, the matter was compromised between the petitioner and all the three respondents. Respondent No.1 agreed to pay a total sum of Rs.15.00 lacs to the petitioner. The compromise is placed on record as Annexure P1 and the said compromise before the trial Court was placed on record as Ex.CX. However, the said amount was never paid to the petitioner. The said compromise was never honoured by the respondents. Since it was also a breach of undertaking given before the Court, notice of motion was issued to all three respondents. Since the compromise was signed by all the three respondents, upon service, respondent Nos.2 and 3 filed their reply, but respondent No.1 never chose to file his reply.

(3.) Learned counsel for the parties were heard. Learned counsel for respondent Nos.2&3 stated that no statement was given by respondent Nos.2&3 and the same was given by respondent No.1 and therefore, they have not violated any undertaking. Learned counsel for respondent No.1, on the other hand, submitted that no contempt is made out as there was no direction.