BAIL APPLN. 2441/2015

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 23.12.2015

BAIL APPLN. 2441/2015

PRADEEP PALIWAL

..... Petitioner

Through:

Mr. Amit Sibal, Advocate with Mr.

Ankur Mahindro and Mr. Harish

Malik, Advocates.

versus

STATE

..... Respondent

Through:

Ms. Radhika Kolluru, APP.

Mr. Ashok Bhasin, Senior Advocate

with Mr. Salman Hashmi and Mr.

Zeeshan

Hashmi,

Advocates

for

complainant.

Complainant Mr. R.S. Chabbra in

person.

CORAM:

HON’BLE MR JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J (ORAL)

1. The present is an application under Section 438 Cr.P.C 1973 seeking

pre- arrest bail in FIR No. 494/2015, under Section 420 IPC, registered at

Police Station - Karol Bagh.

BAIL APPLN. 2441/2015

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2. Mr. Amit Sibal, learned counsel appearing on behalf of Mr. Pradeep

Paliwal, the applicant herein and Mr. Ashok Bhasin, learned senior counsel

appearing on behalf of the complainant Mr. R.S. Chabbra state that with the

assistance and advice of counsel the parties have arrived at an amicable

resolution of the dispute that led to the registration of the subject FIR. The

terms and conditions of the aforesaid settlement are encapsulated in the

Memorandum of Understanding dated 23^rd December, 2015 which is duly

signed by the parties, who are present in court today and have been duly

identified by their respective counsel. The said Memorandum of

Understanding has been handed over in court today. The same is taken on

record. The terms and conditions of the afore-stated Memorandum of

Understanding are as follows:-

“1. That second party undertakes to execute a registered

sale deed of Shop No. 3 at freehold property bearing

no. 10466, 10463, Plot No.42, Block 15-A, Western

Extension Area, Ahmal Khan Road, Karol Bagh,

New Delhi comprising of Basement, Ground floor,

Fist Floor, Second Floor, Third Floor and Roof in

favour of First Party within two months of signing

of present agreement. The said property belongs to

MVM Developers Pvt Ltd. Second Party will obtain

a Board Resolution from MVM Developers Pvt. Ltd

for execution of sale deed in favour of First Party at

his responsibility within two months from date of

signing of present agreement. It is further agreed

that in case the Second party fails to get the Sale

Deed executed the present MOU will become null

and void.

BAIL APPLN. 2441/2015

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2. That in addition to what is stated above the Second

party further undertakes to give Rs. Seven Crores

Thirty five lakhs to the first party at the time of

registration of sale deed as stated in para 1.

3. That simultaneously upon registration of the sale

deed as mentioned in para 1 the First Party will sign

No objection affidavit and undertaking for quashing

of FIR No. 494 of 2015. The Second Party shall file

a petition under section 482 Crpc for quashing of

FIR No.494/2015 before the Hon’ble High Court

and the First Party undertakes to sign No objection

affidavit and make necessary statements before

Hon’ble High Court for the quashing of the said

FIR. In case First party fails to appear before

Hon’ble High Court for making statements for the

quashing of the said FIR the present MOU will

become a deemed NOC/No objection for quashing

of Said FIR which the Hon’ble Court may quash

without the presence of the First Party.

4. That the Second Party also undertakes not to raise

any objection/dispute regarding the absolute and

sole ownership and possession of the said property

described in point no.1, in favour of the First Party

after executing the sale deed subject to First party

giving No objection for quashing of FIR 494/2015.

5. The first party undertakes to hand over the vacant

peaceful physical possession of the remaining

portion of the property bearing 10463 and 10466,

Plot no. 42 and 43, block no. 15A, Western

Extension Area, Ajmal Khan Road, Karol Bagh,

BAIL A