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TMI Blog2018 (8) TMI 1294X X X X Extracts X X X X X X X X Extracts X X X X ..... amount of ₹ 38 lakhs was, thus, paid to the complainant by the accused persons on their own initiation. The question as to whether this amount (assuming it represents the value of the cheques) was due as liability or not will have to be addressed at the trial of the criminal cases which continue to remain pending. The court of Metropolitan Magistrate not having brought about the said payment cannot be converted, midway the process, into a forum for its restitution, refund or recovery. The impugned orders are set aside - petition allowed. - CRL.M.C. 3529/2015 & Crl.M.A. 12562/2015 and CRL.M.C. 3530/2015 - - - Dated:- 7-8-2018 - MR. R.K. GAUBA J. Petitioner Through: Mr. Madhav Khurana, Mr. Hemant Mr. Ankit Bhatia, Adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvolved in other litigation, this including the criminal cases arising out of FIR No. 1278/2010 that had been registered at the instance of the petitioner by police station Sector 20, Noida (U.P.) involving offences punishable under Sections 467/468/471/420/506 of Indian Penal Code, 1860 (IPC). The parties were referred to mediation by orders dated 18.10.2012 and 24.10.2013 in the proceedings in the complaint cases from which the present petitions arise. They entered into a settlement agreement dated 22.01.2014, copy whereof has been submitted with these petitions. Going by the terms of settlement, arrived at through mediation, the accused persons were to pay to the complainant, a total amount of ₹ 62,50,000/- and out of the said amou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sons submitted that substantial payment had been made and the petition for quashing of the FIR had already been filed before the High Court of Allahabad. The Magistrate kept the matters alive and adjourned them for 25.08.2014. Eventually, on 07.10.2014, the submissions to above effect were reiterated and re-recorded in the proceedings common to both the cases, the accused persons through counsel, submitting that they were still willing to honour the settlement and make further payment adding that matter has already been filed before the High Court of Allahabad . 5. A copy of the petition whereby the prayer for quashing of the FIR of Noida was submitted before the High Court of Allahabad, has been submitted by the petitioner. It would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n filed. In reply to these petitions, an endeavour was made by the accused persons to justify inaction with reference to some title documents not having been handed over though the settlement agreement seems to be silent in such regard. 8. The petitioners are aggrieved by the directions of the Metropolitan Magistrate to refund the amount of ₹ 38 lakhs and in the opinion of this Court, justifiably so. The settlement agreement though entered upon through the process of mediation where the parties had been referred by the criminal court had been arrived at by the parties on their own free will and volition. There was no direction from the Metropolitan Magistrate for payment to be made. The amount of ₹ 38 lakhs was, thus, paid to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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