Ashok Kumar Vs State of U.P. and Another

Court No. - 51

Case :- APPLICATION U/S 482 No. - 37171 of 2017

Applicant :- Ashok Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Harish Kumar Yadav,Anand Vikram Counsel for Opposite Party :- G.A.,Pushpendra Kumar Yadav

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Hon'ble Vipin Sinha,J.

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Heard learned counsel for the applicant, learned counsel for the complainant and learned AGA for the State.

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I have perused the interim order dated 10.11.2017 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 8.5.2018. I have also perused the settlement agreement dated 8.5.2018 and find it to be lawful and not against public policy in any manner. Accordingly, no useful purpose would be served by permitting proceedings to continue. Any further action would be an abuse of process of Court and wastage of public time and money.

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Accordingly, the instant 482 application succeeds and is allowed. The summoning order dated 20.3.2017 and the entire proceeding of criminal complaint case no. 3935 of 2016, under Section 406 IPC, P.S. Georgetown, District Allahabad is hereby quashed. Consequences shall follow.

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It is provided that each of the terms incorporated in paragraph 6(a) to (f) of the settlement agreement dated 8.5.2018 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 :- 19.9.2019

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Kuldeep

Ashok Kumar v. State of U.P. and Another

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Ashok Kumar v. State of U.P. and Another

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