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Indian CasesSupreme Court of India

N.N. Behl vs V.N. Saraf & Ors on 21 May 2009

Supreme Court of India
N.N. Behl vs V.N. Saraf & Ors on 21 May, 2009
Bench: B.S. Chauhan, Mukundakam Sharma
IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 976 OF 2003
AND
CRIMINAL APPEAL NO. 977 OF 2003

N.N. BEHL … APPELLANT(S)

:VERSUS:

V.N. SARAF AND ORS. … RESPONDENT(S)

ORDER
These appeals arise out of judgments and order dated 30.8.2000 passed by the learned Single Judge of the Delhi High Court in Criminal Revision No. 228 of 1997 and Criminal Revision No. 966 of 1997 (N.N. Behl vs. V.N. Saraf & Ors.) by which the learned Single Judge has issued certain directions for continuation of the complaint cases pending between the parties.

Being aggrieved by the said orders, the present appeals have been filed by the complainant. After notice was issued in the matter, the same was listed from time to time when it was adjourned at the request of the counsel appearing on behalf of the parties.

We are informed that during the pendency of these appeals in this Court, Mr. N.N. Behl and Dr. V.N. Saraf have entered into a settlement and they have filed a joint application before the Delhi High Court under Section 482 of the Code of Criminal Procedure, a copy of which is placed before us. The said application is taken on record and we direct the said application to be treated as one filed before us in these appeals also.

We have perused the said joint application. It is stated in the said application that the appellant and the first respondent are interlocked in many civil and criminal cases. It appears from the said application that they are neighbours and with intervention of common friends, they have now decided to bury the hatchet and live in neighbourly friendship and good relations.

Since they have arrived at a settlement and have decided to withdraw all their respective cases filed by them against each other, both civil and criminal, it would be in the mutual interest of both the parties that we allow this joint application filed by the parties.

Accordingly, we in exercise of our powers vested under Section 482 Cr.P.C. and Article 142 of the Constitution, allow this application and permit the parties to withdraw the criminal cases out of which the present appeals arise, in view of the compromise reached between the parties. The following civil/criminal cases shall now stand quashed/ withdrawn:

1. Criminal Appeal Nos. 976 & 977 of 2003 titled as N.N. Behl Vs. V.N. Saraf & Ors.
pending before this Court.

2. Suit No. 777 of 1992 titled as Dr. V.N. Saraf vs. N.N. Behl pending before Additional District Judge, Tis Hazari Courts, Delhi.

3. Criminal case No 323 of 1999 pending in the Court of Chief Judicial Magistrate, Patna (Bihar).

4. N.N. Behl vs. Dr. V.N. Saraf, C/C U/s 500 IPC bearing No. 100 of 2001 pending before Metropolitan Magistrate, Patiala House, New Delhi.

5. Dr. V.N. Saraf vs. S.P. Sharma & Ors. wherein respondent has been arrayed as one of the accused C/C No. 482 of 1997 pending in the Court of MM, New Delhi.

The appeals are disposed of with the aforementioned observations and directions.

………………………J (Dr. MUKUNDAKAM SHARMA) ………………………J (Dr. B.S. CHAUHAN) NEW DELHI, MAY 21, 2009.