Allowed

Mayank Srivastava v. State of U.P. and Another

Allahabad HC2 Feb 2023A482/44512/2019

Case brief

AI extract

What is this about?

The Court quashed a criminal application under Section 482 Cr.P.C. after finding that a settlement agreement had been executed between the parties on 20.01.2020 before the Mediation and Conciliation Centre, with the applicant having paid the settled amount.

What did the court decide?

The proceedings in the case Crime No. 358/2015 under Sections 420, 406, 504 I.P.C. and the charge dated 26.02.2016 were quashed.

Mayank Srivastava Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 44512 of 2019

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Applicant :- Mayank Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Giri Counsel for Opposite Party :- G.A.,Uday Bhan Mishra

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash charge dated 26.02.2016, congnizance order dated 25.04.2016 No. 484/2016 arising out of case Crime No. 358/2015 under Sections 420, 406, 504, I.P.C., Police Station- Kayamganj, DistrictFarrukhabad pending before the learned Judicial Magistrate, Kayamganj, District – Farrukhabad.

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Learned counsel for the applicants submits that this court vide order dated 17.12.2019 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 20.01.2020 between the parties. A copy of the same is on record. Perusal of the settlement/agreement thus reached reveals that the parties have amicably settled their dispute and further agreed to withdraw the cases between them. The said fact has been mentioned in para 6 & 7 of the settlement/agreement 20.01.2020. Paragraph 6 & 7 of the said report reads as under:

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"6) The following settlement has been arrived at between the Parties hereto:

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a) That the parties have settled their dispute on the condition that the applicant shall pay an amount of Rs. 1,30,000/- to the O.P. No. 2. Out of aforesaid amount, Rs. 43,000/- has already been paid to the O.P. No. 2 by way of demand draft bearing no. 508583 dated 08.04.2019 and he has acknowledged the receipt of the same. The remaining amount i.e. Rs. 87,000/has been paid to the O.P. No. 2 today i.e. 20.01.2020, through demand draft bearing no. 502090 dated 19.11.2019 drawn on 1CICI Bank, in favour of Sushil Kumar and he has acknowledged the receipt of the same.

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b) That the applicant has moved correction application in Crl. Misc. Application No. 42375 of 2018. praying therein to correct the name of the O.P. No. 2 is Nitesh Gangwar in place of Susheel Kumar. The aforesaid correction application is pending before the Hon'ble Court.

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c) That since the present application has been connected by this Hon'ble

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Court with the application U/S 482 No. 42375 of 2018. Since the matter in the present application has been settled and thus no dispute remains between the parties in the present application.

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d) That it has also been agreed between the parties that all the cases filed by them against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned and remains no dispute between the parties.

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e) That it has also been agreed between the parties that they shall not violate the terms and conditions of this settlement, otherwise the aggrieved party will be free to take legal recourse.

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7.-By signing this Agreement the Parties hereto state that the Application U/s 482 No. 44512 of 2019 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."

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Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 20.01.2020 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.

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In view of the above, the present application is allowed.

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Order Date :- 2.2.2023 Ashish Pd.

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Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad

Mayank Srivastava v. State of U.P. and Another

Case brief

What is this about?

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Mayank Srivastava v. State of U.P. and Another

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