Allowed

Manish Pandey and Another v. State of U.P. and Another

Allahabad HC25 Sept 2023A482/4128/2023

Case brief

AI extract

What is this about?

This High Court quashed criminal proceedings under Sections 419, 420, 409, and 504 IPC following a settlement agreement of over Rs. 11 lakh mediated between parties involved in a monetary dispute.

What did the court decide?

Entire proceedings of Case Crime No. 177 of 2021 under Sections 419, 420, 409, 504 IPC are quashed.

What the court decided

Manish Pandey and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:185877

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 4128 of 2023

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Applicant :- Manish Pandey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lakshman Tripathi,Aniruddha Ojha

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicants, learned AGA for the State and perused the record.

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Learned counsel for the applicants has submitted that on account of monetary dispute between the parties, the present criminal case has been instituted against the applicants by the opposite party no.2, however, this Court vide order dated 04.11.2022 had referred the matter to the Mediation and Conciliation Centre of this Court in order to enable the parties to explore the possibility of mutual settlement between the parties. Pursuant to the said order, the parties have appeared before the Mediation Centre and settlement agreement dated 14.03.2023 and 16.09.2023 has been arrived at. As per the settlement agreement, a sum of Rs. 11,00,000/- has been paid by the applicant no.1 to the opposite party no.2.

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Learned counsel for the applicants has further submitted that in view of the said settlement agreement drawn between the parties as well as in order to maintain harmonious and cordial relations between them, the entire criminal proceedings against the applicants be quashed.

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Learned AGA could not dispute the aforesaid facts.

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This Court is not unmindful of the judgements of the Hon'ble Apex Court in the cases of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466 , Parbatbhai Aahir Vs. State of Gujarat, (2017) 9 SCC 641 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non-compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013

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(83) ACC 278] , in which, law expounded by the Hon’ble Apex Court in the aforesaid cases has been explained in detail.

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Considering the facts and circumstances of the case, as noted herein above and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the present case.

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Accordingly, the entire proceedings of Case Crime No. 177 of 2021 (State Vs. Manish Pandey and Another), under Sections 419, 420, 409, 504 IPC, Police Station Chetganj, District Varanasi, pending in the court of Additional Civil Judge (Jr. Div.)-IInd/ Additional Chief Judicial Magistrate-IX, Varanasi, are hereby quashed.

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This application under Section 482 CrPC is accordingly allowed.

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Order Date :- 25.9.2023 Nadim

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Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad

Manish Pandey and Another v. State of U.P. and Another

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Manish Pandey and Another v. State of U.P. and Another

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