Sree Hari Prasad N. & ORS. v. The State (NCT Of Delhi) & ANR.
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3715/2018 SREE HARI PRASAD N. & ORS.
..... Petitioners Through:
Mr. Y.N. Bhardwaj, Advocate versus THE STATE (NCT OF DELHI) & ANR.
..... Respondents Through:
Mr.Panna Lal Sharma, APP Mr. S. Patro & Mr. Nikhil Patnaik, Advocates for respondent No.2
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 09.07.2019 CRL.M.A.13372/2019 1.
Issue notice. Notice is accepted by the learned APP on behalf of the State and by learned counsel for respondent No.2. 2.
In view of the cause submitted in the application, amendments made in the petition are allowed. The application is disposed of.
CRL.M.C. 3715/2018 & CRL.M.As.35216/2018, 28661/2018, 11960/2019 1.
Amended petition has been filed.
2.
Learned counsel for the parties submitted that the matter has been settled between the parties vide Settlement Agreement dated 21.5.2019 before the Delhi High Court Mediation & Conciliation Centre, in terms whereof the petitioners were to pay a sum of Rs.9,75,000/- to the respondent No.2. Out of the
said sum of Rs.9,75,000/-, a sum of Rs.2,00,000/- has already been paid. Learned counsel for the petitioners have brought a demand draft bearing No.803793, dated 20.5.2019, drawn on Canara Bank, for an amount of Rs.7,75,000/-, which has been handed over to the respondent No.2 today in the Court. 3.
Learned counsel for the petitioners submitted that, in view of the settlement arrived at between the parties and the payment made, the summoning order dated 7.11.2017 and all the proceedings emanating from the complaint case No.472410/2016 titled "Suramya Yonzone v. Mrs. Sunanda Singhania & Ors., under Section 23, read with Section 21 of Maternity Benefit Act, 1961 (Act) against the petitioners pending in the Court of the learned Metropolitan Magistrate, Saket, New Delhi may be quashed.
4.
Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter stands settled, she has no objection to the petition being allowed and quashing of the summoning order dated 7.11.2017 and all the proceedings emanating from the complaint case No.472410/2016 titled "Suramya Yonzone v. Mrs. Sunanda Singhania & Ors., under Section 23, read with Section 21 of Maternity Benefit Act, 1961 (Act) against the petitioners pending in the Court of the learned Metropolitan Magistrate, Saket, New Delhi.
5.
Learned counsel for the petitioners submitted that the present petition may be allowed and the FIR may be quashed, subject to any condition that this Court may deem fit and proper. Learned counsel for the petitioners further submitted that the petitioners are ready to deposit Rs.25,000/- for some social cause with any trust or association.
6.
Consequently, in view of the settlement arrived at between the parties, the payment made as well as no objection of respondent No.2, the summoning order dated 7.11.2017 is set aside and all the proceedings emanating from the complaint case No.472410/2016 titled "Suramya Yonzone v. Mrs. Sunanda Singhania & Ors., under Section 23, read with Section 21 of Maternity Benefit Act, 1961 (Act) against the petitioners pending in the Court of the learned Metropolitan Magistrate, Saket, New Delhi are quashed, subject to costs of Rs.25,000/-, to be deposited within two weeks by the petitioners, out of which Rs.10,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust and Rs.
5,000/- in the Delhi High Court Staff Welfare Fund, SB A/c No.15530110074442 and receipts of the deposits be filed in the Registry within two weeks. Copy of the receipts shall also be handed over to the APP through the I.O. within two weeks.
prosecution shall be entitled to move an application for passing appropriate orders.
7.
A copy of this order be sent to the trial Court for updating its record.
8.
The date 18.9.2019 stands cancelled.
CHANDER SHEKHAR, J JULY 09, 2019/tp