Madhur Sharma & ANR v. NCT Of Delhi & ANR

SHAKUN ANAND 31.01.2019 13:14 $~8 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2615/2016 MADHUR SHARMA & ANR ..... Petitioners Through:

Mr. Saket Agarwal, Adv. with petitioners in person.

versus NCT OF DELHI & ANR ..... Respondents Through:

Mr.K.S. Ahuja, APP for the State.

Mr. J.M. Dutta, Adv. for R2/complainant with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 21.01.2019 The counsel for the petitioners, on instructions from the petitioners, who are present in person submits that given the present reluctance to cooperate on the part of the complainant (Sunita Luthra), who is present in person with her husband Rajiv Luthra and accompanied by their counsel and in view of the fact that the case arising out of FIR no. 98/2012 of police station EOW is presently subject matter of further investigation under Section 173 (8) Cr.P.C., he may be permitted to withdraw the present petition, the complainant Sunita Luhtra having undertaken to return the amount of Rs. 50,000/- as was received by her in terms of the settlement dated 08.07.2016, the petitioner reserving the right to seek quashing on basis of fresh settlement, if any arrived in due course, after completion of the process of investigation.

CRL.M.C. 2615/2016

The counsel for Ms. Sunita Luthra, proprietor of second respondent, on being asked, submits that she undertakes to refund Rs.50,000/- which had been taken by her from the petitioner in terms of settlement deed dated 08.07.2016 by demand draft within a week. The second respondent is bound by the said undertaking.

The petition is dismissed as withdrawn.

R.K.GAUBA, J JANUARY 21, 2019 nk CRL.M.C. 2615/2016