Allowed

Dilip Juneja v. State of U.P. and Another

Allahabad HC3 Apr 2018A482/4553/2017

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. sought to quash a non-bailable warrant and criminal proceedings for cheating and criminal breach of trust based on an interim and final settlement reached via the court's mediation centre. The court observed that the parties settled their civil dispute and agreed to withdraw all related cases. Held that since the basis for prosecution no longer exists, th

What did the court decide?

Quashing of the non-bailable warrant dated 6.1.2017 and the entire criminal proceedings under Sections 406 and 420 IPC initiated against the applicant.

Dilip Juneja Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2018)

¶1

Court No. - 49

¶2

Case :- APPLICATION U/S 482 No. - 4553 of 2017

¶3

Applicant :- Dilip Juneja Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Girish Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Saumitra Dayal Singh,J.

¶5

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶6

The present 482 Cr.P.C. application has been filed with a prayer to quash non-bailable-warrant dated 6.1.2017 as well as entire proceeding initiated by the opposite party no.2 against the applicant under Sections 406 and 420 IPC, Police Station Swaroop Nagar, Kanpur Nagar in Case No. 38031 of 2016 (State Vs. Sunny Juneja & others), pending in the Court of Additional Chief Metropolitan Magistrate, Court No. 3, Kanpur Nagar.

¶7

By the order dated 13.2.2017, the matter had been referred to the mediation centre. Report of the mediation centre is dated 21.7.2017 has been made part with the record. Paragraph 6 of the said report reads as under:-

¶8

In view of the interim settlement dated 16.6.2017, the following settlement has been arrived at between the parties hereto:-

¶9

a) That Sri Saurabh Sachan (O.P. No.2) lodged an FIR registered as Case Crime No. 38031/2016, under Sections 406, 420, IPC, P.S. Swaroop Nagar, District Kanpur Nagar against Sri Mukesh Chugh, Sri Sunny Juneja and Sri Dilip Juneja. the siad case is pending before ACMM, Court No.3, Kanpur Nagar, in which non-bailable-warrant has been issued.

¶10

b) That for quashing of the aforesaid non-bailable-warrant Sri Mukesh Chugh filed Application under Section 482 Cr.P.C. Application No. 3877 of 2017, Sunny Juneja filed Application No. 482 Cr.P.C. No. 4551 of 2017 and Dilip Juneja filed Application under Section 482 Cr.P.C. No. 4553 of 2017 before the Honble Court and the same were referred to the Mediation Centre for Mediation.

¶11

c) That Sri Mukesh Chug, Sunny Juneja and Dilip Juneja (applicants) and Sri Saurabh Sachan (opposite party no.2) have settled their dispute of Rs. 2661500/- on the condition that the applicants shall pay an amount of Rs. 25,00,000/- jointly to Sri Saurabh Sachan by way of demand drafts.

¶12

d) That on 16.6.2017, the applicants have produced two demand drafts of 5,00,000/- each (total rupees ten lakhs), bearing No. 195317 dated 14.6.2017 issued by Bank of India and 973666 dated 12.6.2017 issued by Canara Bank in favour Saurabh Sachan (O.P. No.2), which were kept on record in the file of the Mediation Centre have been handed over to Sri Saurabh Sachan today i.e. 21.7.2017, and he acknowledged the receipt of the same.

¶13

e) That as agreed between the parties the rest amount i.e. 15,00,000/- (rupees fifteen lakhs) has been paid today i.e. 21.7.2017 to Sri Saurabh Sachan by the applicants jointly through three demand drafts bearing no.s 009603 & 009604 and 20.7.2017 for Rs. 5,00,000/- and Rs. 6,00,000/- respectively drawn on bank of India and demand draft no. 973697 dated 7.7.2017 for Rs. 4,00,000/- drawn on Canara Bank Sri Saurabh Sachan has acknowledged the receipt of all the aforesaid demand drafts.

¶14

f) That it has also been agreed between the parties that all the civil and criminal cases filed by them against each other shall be withdrawn by the parties concerned by taking appropriate steps before the Court/forum concerned as soon as possible.

¶15

g) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement, otherwise the aggrieved party will be free to take legal recourse.

¶16

It appears the dispute between the parties was purely civil. Perusal of the settlement/agreement thus reached reveals that the parties have amicably settled their disputes and have further agreed to withdraw the cases between them. The said fact has been mentioned in para 6 of the settlement/agreement dated 21.7.2017. Thus it appears, basis of the criminal prosecution no longer exists.

¶17

Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 21.7.2017 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.

¶18

The application is allowed .

¶19

Order Date :- 3.4.2018 Mini

Dilip Juneja v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Dilip Juneja v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nitin Jaiswal and Anr. Vs State of U.P. and Anr.

Anil Kumar Pandey Vs State of U.P. and 2 Others

Suraj Kumar @ Suraj Gaurh and 22 others Vs State of U.P. and another

Mukesh and 7 Others Vs State of U.P. and Another

Baburam Vs State of U.P. and Another

Sunil Kumar and 4 Others Vs State of U.P. and Another