Abhishek Kumar Singh and 2 Others Vs State of U.P. and 2 Others

Court No. - 51

Case :- APPLICATION U/S 482 No. - 23059 of 2017

Applicant :- Abhishek Kumar Singh And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Prabhakar Vardhan Counsel for Opposite Party :- G.A.,Dinesh Kumar Verma

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Hon'ble Vipin Sinha,J.

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Heard learned counsel for the applicants and learned AGA for the State.

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I have perused the interim order dated 17.8.2017 passed by another Bench of this Court by means of which the matter was referred to Mediation Centre, Allahabad. The report of mediation centre shows that parties have entered into an agreement. A settlement agreement is on record along with report of mediation centre dated 7.1.2018. I have also perused the settlement agreement dated 7.1.2018 and find it to be lawful and not against public policy in any manner. Accordingly, no useful purpose would be served by permitting investigation pursuant to the impugned FIR to continue. Any further investigation would be an abuse of process of Court and wastage of public time and money.

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Accordingly, the present application u/s 482 CrPC is allowed in terms of the settlement agreement dated 7.1.2018.

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It is provided that each of the terms incorporated in paragraph 7(a) to (i) of the settlement agreement dated 7.1.2018 be and are made Rule of this Court. All courts subordinate to this Court shall faithfully be bound to comply with the terms of the settlement as a Rule of this Court. It is also provided that both the parties to the settlement agreement are equally bound to abide by those terms of the said settlement agreement under our orders. The aforesaid direction is being made in exercise of powers under Article 226 of the Constitution.

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Order Date :- 20.8.2019 SP

Abhishek Kumar Singh and 2 Others v. State of U.P. and 2 Others

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Abhishek Kumar Singh and 2 Others v. State of U.P. and 2 Others

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