Delhi High Court - Orders
Ankur Arora & Ors vs The State & Anr on 27 September, 2024
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2841/2023
ANKUR ARORA & ORS. .....Petitioners
Through: Mr. Sanjeev Mahajan, Mr. Rishabh
Varshney, Mr. Pranjal Tandon, Advocates
versus
THE STATE & ANR. .....Respondents
Through: Mr.Sanjeev Bhandari, ASC for State
with Ms.Charu Sharma, Mr.Arjit Sharma,
Mr.Vaibhav Vats and Mr.Nikunj Bindal,
Advocates
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 27.09.2024 CRL.M.A. 2523/2024 (for modification of orders dated 11.12.2023 & 10.01.2024 by the petitioners)
1. By way of the present application, the applicants, who were the petitioners in the subject petition, seek release of a sum of Rs.73,00,000/- that was deposited by the petitioners with the Registrar General of this Court at the time of being directed to be released on anticipatory bail.
2. Learned counsel for the petitioners submits that the petition came to be disposed of vide order dated 11.12.2023 and also directed the Registrar General to release the FDRs lying deposited in terms of para 7 of the said order. The relevant extract of the same reads as under:-
"7. The petitioners and the respondent no.2 have already This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/10/2024 at 05:29:42 settled their disputes vide Memorandum of Settlement dated 04.03.2023. The respondent no.2 is satisfied with the said Settlement and has settled with the petitioners out of his own free will and without any force, fear or coercion. Accordingly, the present petition is allowed and FIR bearing no. 0097/2018 registered under sections 406/420/467/471 IPC at P.S. Punjabi Bagh is quashed along with consequential proceedings with the following directions:-
i. That the FDRs total amounting to Rs.73,00,000/- (Rupees Seventy Three Lakhs Only) already deposited by the petitioners as detailed hereinabove be released to the petitioners by the Office of the Registrar General, Delhi High Court within 07 days from today subject to supply of particulars by the petitioners and after proper verification. Thereafter, the petitioners shall pay Rs.48,00,000/- (Rupees Forty Eight Lakhs Only) to the respondent no.2 within 03 days from the date of encashment of the said FDRs without any default against a proper receipt and copy of the said receipt be placed on record within 07 days thereafter.
ii. The petitioners shall be entitled to the refund of balance amount of Rs.23,00,000/- out of Rs.73,00,000/- which were deposited with the Office of the Registrar General, Delhi High Court as detailed hereinabove.
iii. The petitioner no.1 is directed to deposit Rs.5,00,000/- (Rupees Five Lakhs Only) to the Armed Forces Battle Casualties Welfare Fund, Canara Bank, A/c No. 90552010165915 within 15 days from the date of encashment of the said FDRs and receipt thereof be placed on record within 07 days thereafter.
3. Learned counsel for the petitioners submits that amount could not be released in terms of the aforesaid order as the petitioners were not having the entire details of the FDRs totalling to Rs.73,00,000/-. He submits that now This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/10/2024 at 05:29:42 the details being available, the Registry needs to be directed to release the sum according to the aforesaid order. He further submits that the Registry has raised an objection that there are 3 petitioners in the present matter and has sought clarifications as to in what proportion the amount needs to be released to the petitioners. He lastly submits that petitioner Nos.2 and 3 have filed their affidavits by giving no objections for release of the entire sum in the name of petitioner No.1.
4. Petitioner Nos.2 and 3, who are present in the Court and have been identified by the concerned I.O., submit that they have no objection if the amount alongwith the interest accrued thereupon is released to petitioner No.1. The statement made by petitioner Nos.2 and 3 is accepted, taken on record and they are made bound by the same.
5. As out of the total sum lying with the Registry, a sum of Rs.48,00,000/- was directed to be released to the complainant alongwith another sum of Rs.5,00,000/- to the Armed Forces Battle Casualties Welfare Fund, let the complainant be present in the Court on the next date of hearing. The concerned I.O. will inform the complainant about the next date of hearing.
6. List on 30.09.2024.
MANOJ KUMAR OHRI, J SEPTEMBER 27, 2024 na This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/10/2024 at 05:29:43