Allowed

Abhay Kumar Singh @ Gappu Singh v. State of U.P. and Another

Allahabad HC16 Oct 2024A482/7800/2024

Case brief

AI extract

What is this about?

Application under section 482 Cr.P.C. to quash a complaint case and cognizance/summoning orders under section 138 NI Act. Parties settled their dispute through mediation with payment of Rs.2,12,500/-. The High Court quashed the entire proceeding and allowed the petition.

What did the court decide?

Proceedings of Complaint Case No. 862 of 2011 including cognizance and summoning order, NBW and process under section 82 Cr.P.C. quashed.

Abhay Kumar Singh @ Gappu Singh vs State of U.P. and… — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:164869

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 7800 of 2024

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Applicant :- Abhay Kumar Singh @ Gappu Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Dubey,Saumitra Dwivedi,Sharad Tripathi

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Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Saumitra Dwivedi, learned counsel for the applicant and Sri Ramesh Kumar, learned AGA for the State.

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The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Complaint Case No. 862 of 2011 as well as cognizance and summoning order dated 03.09.2011 as well as Non Bailable Warrant dated 04.02.2012 and order dated 02.05.2022 issuing processes under section 82 Cr.P.C. against the applicant under section 138 N.I. Act, P.S. Soraon, District Allahabad/Prayagraj, pending before the court of Judicial Magistrate, Room No. 2, Allahabad/Prayagraj.

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On the basis of submission of learned counsel for the applicant, this matter was referred to Mediation Centre by this court vide order dated 29.03.2024. In pursuance of the order of this court, parties have appeared before the Mediation Centre and settled their dispute. As per the mediation report dated 05.09.2024, a settlement agreement was also entered into between the parties on 05.09.2024. Paragraph no.7 of the settlement agreement dated 05.09.2024 is being quoted as under:

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"7. In view of the Interim Settlement dated 07.07.2024 and 25.07.2024, the

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following settlement has been arrived at between the Parties hereto:a) That the parties have amicably settled their dispute on the condition that Applicant shall pay an amount of Rs.2,12,500/- (Rs.Two Lakh Twelve Thousand Five Hundred Only) to the O. P. No. 2. This amount of Rs. 2,12,500/- includes the amount of Rs.45,000/- deposited by the Applicant before the Mediation Centre in compliance of Hon'ble Court's order dated 29.03.2024.

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b) That the O. P. No.2 has stated that he has received the aforesaid amount of Rs.45,000/- (Rs. Forty Five Thousand Only) from Mediation Centre, as such, now the applicant shall only pay an amount of Rs.1,67,500/- (Rs. One Lakh Sixty Seven Thousand Five Hundred Only) to the O. P. No.2.

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c) That as mentioned in paragraph 6 (d) of the Interim Settlement dated 25.07.2024 the applicant had handed over a demand draft bearing no. 180175 dated 24.07.2024 drawn on Bank of Baroda for Rs.87,500/- (Rs. Eighty Seven Thousand Five Hundred Only) issued in favour of Rajendra Prasad (O. P. No.2), to the O. P. No.2 on 25.07.2024 and the O. P. No.2 acknowledged the receipt of the same.

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d) That as agreed in paragraph 6 (e) of the Interim Settlement dated 25.07.2024 today the applicant has produce a demand draft bearing no. 596340 dated 02.09.2024 drawn on Bank of Baroda for Rs.80,000/- (Rs. Eighty Thousand Only) issued in favour of Rajendra Prasad (O. P. No.2) and the same is being handed over to the O. P. No.2 today i.e. 05.09.2024 and the O. P. No.2 has acknowledged the receipt of the same.

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e) That it has been agreed between the parties that all the cases (civil or criminal case) filed by the parties against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned in view of the present Settlement. f) That it has also been agreed between the parties that they will not file any case/complaint against each other regarding the present dispute in future also.

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g) That this settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed the settlement."

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Considering the fact that parties have settled their dispute and a settlement agreement was also entered into between the parties on 05.09.2024 before the Mediation Centre, High Court, Allahabad. In such circumstances, permitting to continue the impugned proceeding will amount to travesty of justice.

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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

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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 05.09.2024, the proceeding of the aforesaid case is hereby quashed.

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The present petition is, accordingly, allowed .

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Order Date :- 16.10.2024 S.Chaurasia

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad

Abhay Kumar Singh @ Gappu Singh v. State of U.P. and Another

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Abhay Kumar Singh @ Gappu Singh v. State of U.P. and Another

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