MEMORANDUM OF UNDERSTANDING / SETTLEMENT
This MOU / Settlement deed is made at New Delhi on this day ___ April,
2024 between Mr. _________S/o
Sh. __________ R/o _______, Near ________, New Delhi-110005 (hereinafter called the "First Party").
A N D
__________
S/__________ R/____________, New Delhi, (hereinafter called the "Second
Party").
WHEREAS: -
I.
The
Second Party had lodged an F.I.R bearing No______ dated ________ against the First
Party U/s 323/341/506/34 of IPC with the ____________, Delhi.
II.
The
both parties want to settle the matter amicably and quash the F.I.R No. _____dated
______ U/s 323/341/506/34 of IPC registered with the Police Station _______,
Delhi, in lieu of that, both the parties have discussed and deliberated the
modalities for disputes between the First Party and the Second Party.
III.
The
parties aim to amicably solve their disputes, in pursuance of which the present
Memorandum of Understanding is being executed by both parties.
IV.
That
without admitting any liability, First Party is compromising the matter in
order to save from the harassments and litigation which are arisen due
aforesaid disputes.
NOW THIS DEED OF
COMPROMISE WITHNESSETH AS UNDER:-
1.
That
the Second Party undertake to withdraw the said FIR No.______ dated _______
against the First Party U/s 323/341/506/34 of IPC with the Police Station __________,
Delhi before Hon’ble High Court of Delhi and Second Party also undertake to cooperate
/ sign in quashing of said FIR as now there is nothing left of any nature
whatsoever between the First Party and Second Party's. Second Party undertake
to cooperate / signing at the time of filing and withdrawing the said FIR
before the Hon’ble High Court of Delhi.
2.
That it has further been
agreed by the both the parties that they will withdraw all pending litigation
against each other arising out of the said
disputes if pending in any other court / forum.
3.
That
it has been further undertaken by the parties that they shall not proceed
against each other in any case(s) what so ever with this compromise deed each
and every claim /dispute stands settled.
4.
That the
consent for signing this MoU/ settlement deed and settlement of dispute between
the first party and the second party has been given by parties out of their own
free wish and accord and not under any pressure, inducement, coercion,
compulsion, force, fraud or under any sort of undue influence.
5.
That
both the parties shall be bound by the terms and conditions of the present MoU
in the manner indicated above in all respects.
6.
That
both the parties have executed this MoU of their own accord and free
will, without perpetration of any force, undue influence or coercion from any
quarter, and both the parties shall be estopped in law to assail the validity
of any clause / term of the MoU on the ground of the same being void or
unlawful. Further, the parties have
confirmed and undertaken that they were given sufficient time and opportunity
to consult the legal counsel of their choice and it is only after said
consultations with the Counsels of their choice, after full understanding of
the effect of the terms and conditions of the present settlement deed, that the
parties have executed the present MOU.
7.
That
it has been further resolved that by the signing and execution of this deed of
compromise the parties hereto undertake to abide by the terms and condition of
this compromise deed.
In witnesses whereof both
the parties have set their respective hands of this compromise/settlement deed
in the presence of the under mentioned witnesses on the date, month and year
and place first above mentioned.
WITNESSES:
1. FIRST
PARTY
2. SECOND
PARTY