Delhi High Court - Orders
Jagapatti Ghatal vs State Of Delhi & Anr on 21 December, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2546/2021
JAGAPATTI GHATAL ..... Petitioner
Through: Mr. Mahipal Singh, Advocate.
versus
STATE OF DELHI & ANR. ..... Respondents
Through: Ms. Kamna Vohra, ASC for State
with ASI Sahansarvir, PS Anand
Vihar.
Mr. Neeraj Kapoor, Enrollment No.
D2500/2010, Advocate for R-2.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 21.12.2021 CRL.M.A. 20519-20520/2021 Exemption allowed, subject to all just exceptions. The applications are disposed of accordingly. W.P.(CRL) 2546/2021 The petitioner vide the present petition seeks the quashing of the FIR No.164/2021, Police Station Anand Vihar, registered under Section 304A of the Indian Penal Code, 1860 against the respondents and seeks directions to the respondents to pay the compromise amount of Rs.8,00,000/- in terms of a settlement document stated to be instituted in October, 2021, copy of which is on the record as Annexure 7.
W.P.(CRL) 2546/2021 Page 1 of 3Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:22.12.2021 14:21:21 This file is digitally signed by PS to HMJ ANU MALHOTRA.
It has been submitted by the counsel for the respondent No.2, in reply to a specific Court query, that he would be filing his vakalatnama during the course of the day and will be representing all the three directors of the respondent No.2. The same be filed accordingly.
At the outset, on behalf of the State, it has been submitted that the petition has been filed by the widow of the deceased and that other legal heirs of the deceased have not been arrayed as parties to the petition.
It is submitted by the learned counsel for the petitioner that the names of the two children are mentioned in paragraph 2 of the petition. The said two children be arrayed on record as parties to the petition i.e. Rishav Singh Ghatal and Roshan Singh Ghatal and the amended memo of parties be filed by the petitioner.
The State shall also verify the aspect of there being any other legal heirs of the deceased in the instant case. It is submitted on behalf of the State, in reply to a specific Court query, that the chargesheet in the matter has been filed and the matter being pending before the learned Trial Court for the date 29.01.2022, the copy of the chargesheet be also placed on the record by the State.
In as much as, it has been submitted on behalf of the respondent No.2 that the respondent No.2 would be willing to adhere to the terms of the compromise deed at Annexure 7.
It is essential to observe that vide clause 1, thereof, there is a mention therein, that the payment of the amount of Rs.8,00,000/- would be paid to the petitioner, and the mode of the said payment is indicated to be W.P.(CRL) 2546/2021 Page 2 of 3 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:22.12.2021 14:21:21 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Rs.6,00,000/- vide the demand draft/NEFT/RTGS/IMPS and the balance sum of Rs.2,00,000/- is to be paid in cash. In terms of the Income Tax Act, the payment of the said sum of Rs.2,00,000/- in cash would not be permissible and would have to be made in the mode of a demand draft or in RTGS/ NEFT/IMPS and the parties are apprised accordingly.
The matter, in the circumstances, is directed to be re-notified for 07.01.2022.
ANU MALHOTRA, J DECEMBER 21, 2021 ha W.P.(CRL) 2546/2021 Page 3 of 3 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:22.12.2021 14:21:21 This file is digitally signed by PS to HMJ ANU MALHOTRA.