This judgment quashed a criminal complaint case (No.2404 of 2003) under sections 406 and 506 I.P.C. as the matter had been settled between the parties via mediation prior to the hearing of the application under Section 482 CrPC.
The proceedings of Complaint Case No.2404 of 2003 were quashed.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 10721 of 2003
Applicant :- Mahendra Singh And Others Opposite Party :- Chief Judicial Magistrate And Another Counsel for Applicant :- Tripathi B.G. Bhai,Smt. Anita Tripathi Counsel for Opposite Party :- Govt. Advocate,Rajesh Tripathi
Hon'ble Subhash Vidyarthi,J.
Heard Sri Pramod Kumar Singh holding brief of Sri Tripathi B.G.Bhai, learned counsel for the applicant. None present for the respondents.
On 13.9.2017, this Court had passed an order referring the matter to the Mediation and Conciliation Centre of this Court for making efforts to settle the matter through mediation. A report of the mediation centre dated 5.1.2018 is placed on the record along with a copy of the settlement dated 5.1.2018 in which the parties had agreed that both sides are not interest in prosecution and they have no further claims or demands with each other in respect to Criminal Misc. Application No.10721 of 2003 and all the disputes and differences in this regard have been settled by the parties through the process of Conciliation/Mediation. Since, the proceedings in question arise out of the disputes between the private parties, which have already been settled in terms of the Settlement/Agreement dated 05.01.2018, the proceedings of the complaint case cannot be allowed to proceed.
In view of the aforesaid facts and circumstances, the proceedings of Complaint Case No.2404 of 2003, Raj Bahadur v. Narain Singh and others, under sections 406 and 506 I.P.C., Police Station Hathras, District Mahamayanagar, pending in the court of Chief Judicial Magistrate, Hathras, are quashed.
The application is allowed .
Order Date :- 22.10.2021 Ak/
2 issues framed by the court
Whether the proceedings of the complaint case should be quashed in light of the settlement agreement between the parties reached through mediation?
Whether the criminal complaint arising from disputes already settled between private parties can continue?
3 provisions across 2 enactments
Mahendra Singh And Others
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
