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YOGESH KHANNA
Raja Arora And Another – Appellant
Versus
Meera Arun – Respondent
JUDGMENT
Yogesh Khanna, J. - This petition is filed for impugning the order dated 20.11.2021 passed by learned MM (NI Act)-02 (Central), Tis Hazari Courts, Delhi thereby dismissing an application filed by the petitioner under Section 431 Cr.P.C. read with Section 421 Cr.P.C. seeking enforcement of mediation settlement dated 19.02.2019.
2. The parties executed a settlement agreement on 19.02.2019 before the mediation centre in order to settle all their pending disputes in various fora and pursuant thereto specific statements of respondent no.1 and her husband were recorded by learned MM in terms of judgment passed in Dayawati vs. Yogesh Kumar Gosain (2017) 243 DLT 117. Late Shri A.A. Murugaiah, husband of respondent no.1 also gave personal guarantee for compliance/ payment as per the settlement agreement dated 19.02.2019. However, after paying few installments the respondent failed to fulfill their obligation and resultantly committed its breach. Subsequently, to enforce the abovementioned settlement agreement, the petitioner filed an application on 23.08.2021 under Section 431 Cr.P.C. read with Section 421 Cr.P.C. praying interalia for attachment of shares and properties of responden
The main legal point established in the judgment is that a mediation settlement can be enforced by the court, and the court has the power to attach properties to recover the amount agreed to be paid.
Mediated settlements in criminal cases must receive judicial endorsement to be enforceable; otherwise, they remain private agreements with no legal effect. Breaches do not invalidate the original agr....
Point of Law : Offences by companies - Cheque dishonoured - Mediation settlement - It is settled law and even otherwise settlement of Mediation Cell is deemed to be a decree and cannot be challenged.
Dishonour of cheques – After settlement between parties continuation of proceedings under N.I. Act would be abuse of process of Court.
It is settled law that in order to execute a decree, decree must be one capable of execution and terms thereof shall be sufficient to get same executed.
Point of Law : Court has held that viewing breach of the terms of compromise as a matter of mere contract between the parties and disregarding it has a disastrous effect on rule of law.
The main legal point established in the judgment is the need for clear and specific drafting of settlement agreements in matrimonial disputes, emphasizing the importance of clarity and specificity to....
Non-compoundable serious criminal offences cannot be settled through payment of money, and the quashing of FIRs is at the discretion of the Court.
A civil settlement does not discharge criminal liability under Section 138 unless the settlement terms are fulfilled; prosecution may continue if conditions remain unmet.
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