Anupam Pandey Vs State of Up and Another

Neutral Citation No. - 2025:AHC:24062

Court No. - 78

Case :- APPLICATION U/S 482 No. - 26961 of 2024

Applicant :- Anupam Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Maya Pati Mishra,Tanisha Jahangir Monir Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Himanshu Kumar, Advocate holding brief of Sri Tanisha Jahangir Monir, learned counsel for the applicant, Sri V.K. Ojha, 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 applicant, Anupam Pandey with the prayer to quash the impugned orders dated 28.01.2024, 04.04.2024 and 02.08.2024 passed by Special Judicial Magistrate, Sonbhadra, II, District Sonbhadra in Misc. Case No. 9499 of 2024 (Sandeep Vs. Anupam) (earlier Case No. 735 of 2013), under Section 138 Negotiable Instruments Act, 1881, Police Station Robertsganj, District Sonbhadra, pending in the Court of Special Judicial Magistrate-II, Sonbhadra.

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The matter was referred to the Mediation Centre of this Court vide order dated 03.09.2024 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 25.10.2024, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them.

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As per the office report dated 09.12.2024, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful.

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Learned counsel for the applicants argued that parties have settled the dispute amicably before the Mediation and Conciliation Centre of this Court and the applicant and the opposite party no. 2 have decided to settle their dispute on the condition that the

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applicant shall pay an amount of Rs.1,00,000/- to the opposite party no. 2 and in this regard the applicant has paid said amount to the opposite party no. 2 and therefore the impugned orders be quashed on the ground of settlement arrived at between the parties.

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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 25.10.2024 between the parties and the Mediation succeeded and they have decided to settle their dispute on the condition that the applicant shall pay an amount of Rs.1,00,000/- to the opposite party no. 2 and in this regard, he has paid said amount to the opposite party no. 2. 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 7(d) of the said mediation report.

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Learned State counsel could not dispute the factum of compromise between the parties which is on record.

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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 orders as prayed for by the applicant.

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The present application is allowed .

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The impugned orders dated 28.01.2024, 04.04.2024 and 02.08.2024 are hereby quashed.

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(Samit Gopal,J.)

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Order Date :- 19.2.2025 / Manoj

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Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad

Anupam Pandey v. State of Up and Another

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