$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 813/2024, CRL.M.A. 7571/2024 DR SHELLY BATRA .....Petitioner Through: Mr. Jai Anant Dehadrai, Mr.
Siddharth Sharma, Mr. Martin G. George, Mr. MDd. Tasnimul Hassan, Mr. Chaitanya Singh, Advs. with petitioner.
versus DELHI JAL BOARD .....Respondent Through: Mr. H. Haider, Mr. Butul Khan, Advs. with Mr. Ravinder Kashyap, ZRO, Mr. Balwinder Kumar Jassi, ASO for DJB.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
O R D E R
% 06.08.2024 The present petition has been filed under Article 226 of the Constitution of India r/w Section 482 Cr.P.C. seeking quashing of Challan No. 82280 dated 28.12.2023 issued by respondent/Delhi Jal Board and proceedings emanating therefrom with the following prayer:
“A. ISSUE a Writ of Mandamus or any other appropriate Writ/Direction/Order directing quashing of the Challan No. 82280 dated 28.12.2023 issued by the Respondent/Delhi Jal Board.
B. ISSUE a Writ of Certiorari or any other appropriate Writ/Direction/Order directing quashing of the proceedings pending against the Petitioner before the Hon'ble Special Metropolitan Magistrate, Delhi Jal Board, Jal Sadan, Lajpat Nagar-I, New Delhi.
C. PASS any such other Order or Orders that this Hon'ble Court may deem fit and proper in the interest of justice.”
However, during the proceedings the matter was referred to Delhi High Court Mediation and Conciliation Centre where the parties have reached on a settlement vide settlement agreement dated 02.08.2024 on the following terms and conditions:
“1. That the First Party agrees to deposit the total sum of Rs. 4,70,000/- as full and final settlement amount towards the existing liability of Rs. 7,11,092/-. Further, the Second Party hereby agrees to accept amount of Rs. 4,70,000/- as full and final amount against their existing pending bill/challan of Rs. 7,11,092/-.
2. That the schedule of the payment is mentioned herein below:
3. That the Second Party in furtherance of the Order dated 12.03.2024 issued by the Hon'ble Delhi High Court in Dr. Shelly Batra Vs. Delhi Jal Board W.P. (Crl.) 813/2024 has installed a new meter at the residential premise of the First Party at D-156, Sarita Vihar, New Delhi and the bills shall now be generated as per the tariff prescribed under domestic category.
4. That the First Party has submitted a Demand Draft of Rs. 3,00,000/- before the Registrar General, Delhi High Court. The First Party shall file an application before the Hon'ble High Court after 02.08.2024 to receive back the abovementioned Demand Draft and the Second party shall not object to the same.
5. That the Second Party agrees that the claim of the Second Party has been settled and they are left with no claim of whatsoever nature against the First Party, with respect to the subject matter of the present dispute.
6. That the Parties further agree and undertake not to file any case/ complaint/ litigation before any Court/Forum/Authority qua the present dispute.
7. That the parties have entered upon and signed the present Settlement Agreement, out of their free-will, without coercion and without any undue influence. The Parties have been made understood the contents of the present Settlement Agreement in their Vernacular language and they admit the same to be true and correct.
8. That the Parties undertake to abide by the terms and conditions set out in this Settlement Agreement and not to dispute the same hereinafter the future.”
In terms of the settlement, the remaining amount of Rs. 3,00,000/- (Rupees Three Lakhs Only) has been paid today in the court vide Demand Draft bearing No. 034905 dated 29.07.2024 in the name of Delhi Jal Board K.No. 6758251000 drawn from HDFC Bank.
Since the parties have settled the matter, Demand Draft deposited with this court vide order dated 12.03.2024 be released to the petitioner as per law.
In view of the above, the Challan No. 82280 dated 28.12.2023 issued by respondent/Delhi Jal Board and proceedings emanating therefrom is quashed.
The present petition along with pending application stands disposed of.
DINESH KUMAR SHARMA, J AUGUST 6, 2024/AR/DG..
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