Allowed

M/S K.D.P. Buildwell Ptv. Ltd. and Another v. State of U.P. and Another

Allahabad HC18 Jul 2023A482/1136/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of a cheque dishonour complaint and summoning order, the Allahabad High Court allowed the petition. Following mediation efforts conducted by the Court, the parties reached a settlement, leading the court to quash the proceedings and summoning order based on the well-settled legal principle that cases can be quashed upon settlement of gri

What did the court decide?

The complaint proceedings and summoning order dated 20.09.2021 passed in Police Station Kavi Nagar, Ghaziabad are quashed.

M/S K.D.P. Buildwell Ptv. Ltd. and Another Vs State of… — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:142596

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 1136 of 2023

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Applicant :- M/S K.D.P. Buildwell Ptv. Ltd. And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Nandan Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri Rohit Nandan Pandey, learned counsel for the applicants, Sri Ajay Singh, learned counsel for the State and perused the records.

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The present application under Section 482 Cr.P.C. has been filed by the applicants M/S K.D.P. Buildwell Ptv. Ltd. and Manoj Kumar Goyal with the prayer to quash the criminal complaint dated 18.02.2020 under Section 138 N.I. Act as well as summoning order dated 20.09.2021 passed by P.O., Additional Court No.1, Ghaziabad in Complaint Case No. 1964 of 2022, Police Station Kavi Nagar, District Ghaziabad, pending in the Additional Court No.2, Ghaziabad and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application.

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The matter was referred to the Mediation Centre of this Court vide order dated 17.01.2023 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 31.05.2023 the parties have amicably settled their dispute and agreed to withdraw the cases going on between them in view of settlement agreement dated 31.05.2023.

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As per the office report dated 17.07.2023, a report from the Mediation Centre of this Court is on record.

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From perusal of the report of Mediation Centre of this Court, it appears that in pursuance of the said order the mediation proceedings were taken up which ended in a settlement dated 31.05.2023 between the parties and the Mediation

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succeeded. The parties have settled their grievances and even the dispute arising in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 6-d of the said mediation report.

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The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.

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From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicant(s).

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The present application is allowed.

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The proceedings of complaint as well as summoning order passed in the aforesaid case are hereby quashed.

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Office is directed to communicate this order to the concerned court within two weeks from today.

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Order Date :- 18.7.2023 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

M/S K.D.P. Buildwell Ptv. Ltd. and Another v. State of U.P. and Another

Case brief

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M/S K.D.P. Buildwell Ptv. Ltd. and Another v. State of U.P. and Another

Case brief

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