Harmesh Maini vs R/0 Village & Po Hajipur And Others

Vivek Singh Thakur, J

Learned counsel for the petitioner submits that as per instructions received by him, total amount, which has been agreed by the petitioner to be paid to the respondent, has been paid as per amicable settlement and as has also agreed in the statements of the parties, dated 3.1.2020, recorded on oath, the Criminal Complaint and the Civil Suit filed by the respondent are to be withdrawn by the respondent.

Learned counsel appearing for the respondent, under instructions, submits that the respondent has also informed him that entire amount has been paid by the petitioner to the respondent and that the brief has also been taken by the respondent by saying that he would be requiring that record for withdrawing the complaint as well as Civil Suit pending in the trial Court.

On 3.1.2020, parties were present in person and their statements, on oath, were also recorded, wherein they have agreed that for payment of Rs.5,00,000/- by the petitioner to the respondent by 30.6.2020, the respondent would withdraw the complaint and the Civil Suit.

Though the amount was not deposited by 30.6.2020 but on request of the petitioner, the time was extended from time to time, which was agreeable to the respondent and now as the entire payment, as agreed between the parties, has been made by the petitioner to the respondent and respondent has informed the learned counsel representing him, in this regard, the present petition is disposed of with observation that in view of the settlement arrived at between the parties and for payment of amount settled, complaint Case No.58-II/2018, titled as Chattar Singh v. Harmesh Kumar as well as the Civil Suit filed by the respondent, pending in the trial Court, are to be withdrawn/ closed.

Parties are directed and are at liberty to make appropriate statement before the trial Court(s) for closing the aforesaid cases.

Petition stands disposed of, in the aforesaid terms. Pending application, if any, also stands disposed of.