Quashed

Ravi Prakash @ Ravi Prakash Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC15 Sept 2023/4044/2023

Case brief

AI extract

What is this about?

High Court of Judicature at Allahabad quashed criminal proceedings under Section 138 NI Act and a summoning order. The applicant and complainant successfully mediated their dispute via the Court's Mediation and Conciliation Centre, resulting in a signed settlement agreement recorded by the Court.

What did the court decide?

Quashal of Criminal Case No.798 of 2022 under Section 138 NI Act and summoning order dated 08.12.2022.

Ravi Prakash @ Ravi Prakash Singh Vs State of U.P. Thru… — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:59441

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 4044 of 2023

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Applicant :- Ravi Prakash @ Ravi Prakash Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vivek Kumar Tripathi,Rakesh Dwivedi

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Counsel for Opposite Party :- G.A.,O.P. Tiwari

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Hon'ble Shree Prakash Singh,J.

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Heard Sri Vivek Kumar Tripathi, learned counsel for the applicant, Sri O. P. Tiwari, learned counsel for opposite party no.2 and Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the material available on record.

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Instant application has been filed with prayer to quash the entire criminal proceeding of Criminal Case No.798 of 2022 (Udit Pratap Vs. Raviprakash) under Section 138 N.I. Act, Police Station- Kotwali, District- Unnao, pending in the Court of learned Additional Chief Judicial Magistrate, Court No.3, Unnao, along with summoning order dated 08.12.2022 passed by learned Additional Chief Judicial Magistrate, Court No.3, Unnao. It is further prayed to stay further proceeding of Criminal Case No.798 of 2022 (Udit Pratap Vs. Raviprakash) under Section 138 N.I. Act, Police Station- Kotwali, DistrictUnnao, pending in the court of learned Additional Chief Judicial Magistrate, Court No.3, Unnao, along with summoning order dated 08.12.2022 passed by learned Additional Chief Judicial Magistrate, Court No.3, Unnao.

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Learned counsel appearing for the applicant submits that vide order dated 18.05.2023, the matter was referred to the Mediation and Conciliation Centre of this Court, wherein, both the parties appeared and they have settled their dispute amicably. He next added that the settlement agreement has also been executed between the parties and all the parties signed over there.

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Adding his argument he submits that now there is no dispute in between the parties and further criminal proceedings would be futile exercise and amount to harassment of the applicant and thus, submission is that the criminal proceedings against the present applicant may be quashed.

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Sri O. P. Tiwari, learned counsel appearing for the opposite party no. 2 has also supported the version of learned counsel for the applicant and submits that now there is no grievance between the parties, therefore the criminal proceedings against the present applicant may be dropped.

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Sri Nirmal Kumar Pandey, learned A.G.A. for the State has no objection to the submissions aforesaid.

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Considering the submissions of learned counsels for the parties, it transpires that there was some dispute between the present applicant and opposite party no.2, thereafter, they sat together and have settled their dispute before the Mediation and Conciliation Centre and that too has been reduced in writing as settlement agreement dated 23.08.2023.

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From the perusal of the record, it reveals that the Mediation Center has sent its report dated 23.08.2023, whereby, it has been reported that Mediation is successful and completed.

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A copy of the settlement agreement dated 23.08.2023 has also been enclosed along with the report of the Mediator.

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Resultantly, the entire criminal proceedings of Criminal Case No.798 of 2022 (Udit Pratap Vs. Raviprakash) under Section 138 N.I. Act, Police Station- Kotwali, District- Unnao, pending in the Court of learned Additional Chief Judicial Magistrate, Court No.3, Unnao, along with summoning order dated 08.12.2022 passed by learned Additional Chief Judicial Magistrate, Court No.3, Unnao, are hereby quashed.

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The settlement agreement dated 23.08.2023 shall be the part of this order.

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Consequences to follow.

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Consigned to records.

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Order Date :- 15.9.2023 Manoj K.

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Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Ravi Prakash @ Ravi Prakash Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Ravi Prakash @ Ravi Prakash Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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What did the court decide?

What the court decided

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