Allowed

Shivji Gupta and 8 Others v. State of U.P. and 3 Others

Allahabad HC9 Nov 2023CRLP/16218/2023

Case brief

AI extract

What is this about?

Petitioner sought quashing of an FIR under Sections 419, 420, and 406 IPC for a cheating dispute. The High Court quashed the FIR observing that the parties had reached a settlement via an agreement, satisfying legal principles allowing quashing of settlements in private disputes.

What did the court decide?

Quashing of the First Information Report dated 26.12.2020 registered as Case Crime No. 0729 of 2020.

Shivji Gupta and 8 Others Vs State of U.P. and 3 Others — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:216109-DB

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 16218 of 2023

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Petitioner :- Shivji Gupta And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

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1 . Heard Sri Santosh Kumar Singh, learned counsel for the petitioners, learned A.G.A. appearing for the State respondents and Sri Ram Parvesh Yadav, holding brief of Sri Vijay Kumar learned counsel appearing for the informant.

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2 . This writ petition has been filed praying to quash the impugned First Information Report dated 26.12.2020, registered as Case Crime No. 0729 of 2020, under Sections 419, 420, 406 IPC, P.S. Meja, District Yamunapar Prayagraj.

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3 . Vide order dated 1.11.2023 the matter was referred to the mediation centre.

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4 . Perused the office report dated 8.11.2023 and the settlement agreement dated 7.11.2023 which indicates that matter has been peacefully settled between the parties and they have settled their differences on the terms mentioned in paragraph 6 of the settlement agreement dated 7.11.2023. The paragraph 6 is quoted 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 stated that they have already settled their dispute and entered into an agreement dated 15.09.2023, which is annexed as Annexure No. 2 to the Writ Petition filed in Criminal Misc. Writ Petition No. 16218 of 2023 by the respondent no. 4.

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b) That the parties further reiterate and reaffirm that terms and conditions mentioned in aforesaid in aforesaid agreement dated 15.09.2023, as such there remains no dispute between the parties now.

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c) That in view of the above, if the Hon'ble Court pleases to allow Criminal Misc. Writ Petition No. 16218 of 2023, the Respondent No. 2 shall have no objection in any manner whatsoever.

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d) That it has also been agreed between the parties that all civil and criminal 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.

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e) That the parties will not file any fresh case against each other in respect of

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this dispute. They have no claim against each other in future also.

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f) That it has 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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It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report dated 26.12.2020, registered as Case Crime No. 0729 of 2020, under Sections 419, 420, 406 IPC, P.S. Meja, District Yamunapar Prayagraj is liable to be quashed.

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6 . Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab) , and in view of the settlement agreement dated 7.11.2023, the First Information Report dated 26.12.2020, registered as Case Crime No. 0729 of 2020, under Sections 419, 420, 406 IPC, P.S. Meja, District Yamunapar Prayagraj is hereby quashed.

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7 . The present petition is, accordingly, allowed.

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Order Date :- 9.11.2023 Abhishek

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Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad

Shivji Gupta and 8 Others v. State of U.P. and 3 Others

Case brief

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Shivji Gupta and 8 Others v. State of U.P. and 3 Others

Case brief

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