M/S SHRI RAM MULTICOM PRIVATE LIMITED vs M/S B. N. HOTEL (PVT.) LIMITED - 2024-07-23

O R D E R

Leave granted .

Parties have entered into Settlement Agreement date d

23.02.2024 under the aegis of the Supreme Court Mediation Centre .

Order dated 26.04.2024 records that the parties duly accep t execution of the Settlement Agreement. They are bound by the same .

The Settlement Agreement was taken on record .

The Settlement Agreement has, thereafter, been implemente d and sale deed dated 31.05.2024 has been executed by the respondent , M/s. B.N. Hotel (Pvt.) Limited, in favour of the appellant, M/s . Shri Ram Multicom Private Limited, for transfer of land and othe r assets mentioned in the sale deed .

Execution Case No. 31 of 2016, which was pending before th e learned District-Judge-cum-Presiding Officer, Commercial Court No . III, Dhanbad, has been disposed of in terms of the Settlemen t Agreement dated 23.02.2024 .

Learned counsel appearing for the parties pray that thi s Court may exercise its jurisdiction under Article 142 of th e Constitution of India and quash the following First Informatio n Reports1: -

S.No.	Details
1.	FIR No. 104/2012 dated 02.02.2012, Police Station - Bank More, District Dhanbad, Jharkhand, corresponding to G.R. 392/2012 (State vs. Rajendra Kumar Gupta) registered U/s 406/420/506/34 IPC pending before the Court of the learned Judicial Magistrate, District Dhanbad, Jharkhand.
2.	FIR No. 104/2012 dated 02.02.2012, Police Station – Bank More, District Dhanbad, Jharkhand, corresponding to G.R. 392/2012 (supplementary) (State vs. B.N. Hotels Pvt. Limited) registered U/s 406/420/506/34 IPC pending before the Court of the learned Judicial Magistrate, District Dhanbad, Jharkhand.
3.	FIR No. 513/2012 dated 22.05.2012 Police Station – Dhanbad, District Dhanbad, Jharkhand, U/s 387/504/506/34 IPC corresponding to G.R. 2013/2012.

We have heard the learned counsel for the parties and in th e facts and circumstances, accept the prayers made. Accordingly, w e deem it appropriate to quash the following FIRs, which primaril y arise out of the commercial disputes between the parties .

We, accordingly, quash the following FIRs and resultan t proceedings: -

S.No.	Details
1.	FIR No. 104/2012 dated 02.02.2012, Police Station - Bank More, District Dhanbad, Jharkhand, corresponding to G.R. 392/2012 (State vs. Rajendra Kumar Gupta) registered U/s

1 “FIRs” for short

	406/420/506/34 IPC pending before the Court of the learned Judicial Magistrate, District Dhanbad, Jharkhand.
2.	FIR No. 104/2012 dated 02.02.2012, Police Station – Bank More, District Dhanbad, Jharkhand, corresponding to G.R. 392/2012 (supplementary) (State vs. B.N. Hotels Pvt. Limited) registered U/s 406/420/506/34 IPC pending before the Court of the learned Judicial Magistrate, District Dhanbad, Jharkhand.
3.	FIR No. 513/2012 dated 22.05.2012 Police Station – Dhanbad, District Dhanbad, Jharkhand U/s 387/504/506/34 IPC corresponding to G.R. 2013/2012.

The parties will be bound by the terms and condition s mentioned in the Settlement Agreement dated 23.02.2024 .

Parties will also be bound by the sale deed executed o n

31.05.2024 as well as the statement regarding withdrawal/disposin g of the execution proceedings .

Recording the aforesaid, the appeals are disposed of .

Pending application(s), if any, shall stand disposed of .

..................J .

(SANJIV KHANNA )

..................J .

(SANJAY KUMAR )

NEW DELHI ;

JULY 23, 2024 .

ITEM NO.18 COURT NO.2 SECTION XVI I S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDING S Petition(s) for Special Leave to Appeal (C) No(s). 24920/202 3 (Arising out of impugned final judgment and order dated 30-08-202 3 in CA No. 11/2018 passed by the High Court of Jharkhand at Ranchi )

M/S SHRI RAM MULTICOM PRIVATE LIMITED Petitioner(s )

VERSU S M/S B. N. HOTEL (PVT.) LIMITED Respondent(s )

(IA No. 55052/2024 - APPLICATION FOR SETTLEMEN T IA No. 71177/2024 - APPROPRIATE ORDERS/DIRECTION S IA No. 230212/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNE D

JUDGMEN T

IA No. 230215/2023 - EXEMPTION FROM FILING O.T .

IA No. 150178/2024 - PERMISSION TO FILE ADDITIONA L DOCUMENTS/FACTS/ANNEXURE S IA No. 230207/2023 - PERMISSION TO FILE LENGTHY LIST OF DATES )

WIT H SLP(C) No. 26590/2023 (XVII )

(FOR ADMISSION )

Date : 23-07-2024 These matters were called on for hearing today .

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANN A HON'BLE MR. JUSTICE SANJAY KUMA R For Petitioner(s) Mr. Anup Kumar, AO R Mrs. Neha Jaiswal, Adv .

Ms. Pragya Choudhary, Adv .

Ms. Shruti Singh, Adv .

Mr. Arjun Asthana, Adv .

Mr. Kumar Shivam, AO R For Respondent(s) Mr. Kumar Shivam, AO R Mr. Anup Kumar, AO R UPON hearing the counsel, the Court made the followin g

O R D E R

Leave granted .

The appeals are disposed of in terms of the signed order .

Pending application(s), if any, shall stand disposed of .

(BABITA PANDEY) (R.S. NARAYANAN )

COURT MASTER (SH) ASSISTANT REGISTRA R (Signed order is placed on the file )