Allowed¶36

Shelly Dubey v. State of U.P. and Another

Allahabad HC7 Feb 2025A482/37472/2024

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing; Section 138 N.I. Act cheque complaint; summoning order dated 15.07.2024 quashed; Complaint Case No.502 of 2023; Gautam Buddh Nagar; successful mediation and settlement; settlement amount Rs.1,70,000/-; deposit of Rs.55,000/- with Mediation Centre; conversion to Section 528 BNSS; Allahabad High Court; Vikas Budhwar, J.; applicant Shelly Dubey; opposite party no.2 Sachin Gupta; State of U.P.

What did the court decide?

Application under Section 482 Cr.P.C. allowed; summoning order dated 15.07.2024 and the entire proceedings in Complaint Case No.502 of 2023 under Section 138 N.I. Act pending before Presiding Officer, Additional Court No.03, Gautam Buddh Nagar quashed as against the applicant. ¶36

Shelly Dubey vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceeding in Complaint Case No.502 of 2023 under Section 138 N.I. Act and the summoning order dated 15.07.2024 should be quashed, in light of the settlement arrived at between the parties in mediation.

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Court's answer

The mediation between the parties having been successful and nothing remaining to be further proceeded with, the Court allowed the application under Section 482 Cr.P.C.

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Ratio / Principle

The impugned summoning order dated 15.07.2024 passed in Complaint Case No.502 of 2023 under Section 138 N.I. Act is quashed as against the applicant.

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Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. seeking quashing of the summoning order dated 15.07.2024 passed by the Presiding Officer, Additional Court No.3, Gautam Buddh Nagar, in Complaint Case No.502 of 2023 under Section 138 N.I. Act (Police Station Sector 20, NOIDA). By interim order dated 07.02.2025 the applicant was directed to deposit Rs.55,000/- with the Mediation Centre of the Court (Rs.50,000/- to opposite party no.2 and Rs.5,000/- as mediation fee), the matter was remitted to mediation, and no coercive action was to be taken subject to deposit; counsel was also to seek conversion of the application into one under Section 528 BNSS. Pursuant to an Interim Settlement dated 23.04.2025, the parties executed a Mediation and Conciliation Settlement Agreement dated 21.05.2025 whereby the applicant agreed to pay Rs.1,70,000/- (inclusive of the Rs.50,000/- deposit); Rs.75,000/- was acknowledged as already paid and a demand draft of Rs.45,000/- was handed over, leaving no claim or dues, and the parties agreed to withdraw all civil and criminal cases regarding the dispute. Holding that the mediation had been successful and nothing remained to be adjudicated, the Court allowed the application and quashed the summoning order as against the applicant.

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Neutral Citation No. - 2025:AHC:125045

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 37472 of 2024

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Applicant :- Shelly Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kalyan Sundram Srivastava,Raghunandan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Heard Sri Kalyan Sundram Srivastava, learned counsel for the applicant, Sri S.P. Singh, learned State Law Officer for the State and perused the record.

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The instant application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding as well as summoning order dated 15.07.2024 passed by Presiding Officer, Additional Court No.3, Gautam Buddh Nagar in Complaint Case No.502 of 2023, under Section 138 N.I. Act, Police Station- Sector 20 NOIDA, District Gautam Buddha Nagar, pending in the court of Presiding Officer, Additional Court No.03, Gautam Buddh Nagar.

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This Court on 07.02.2025 proceeded to pass the following orders:

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"1. Heard Sri Kalyan Sundram Srivastava, learned counsel for the applicant, Sri Sunil Kumar Kushwaha, learned A.G.A for the State and perused the record.

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2. The instant application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding as well as summoning order dated 15.07.2024 passed by Presiding Officer, Additional Court No.3, Gautam Buddh Nagar in Complaint Case No.502 of 2023, under Section 138 N.I. Act, Police StationSector 20 NOIDA, District Gautam Buddha Nagar, pending in the court of Presiding Officer, Additional Court No.03, Gautam Buddh Nagar.

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3. Contention of learned counsel for the applicant is that the applicant is ready to settle the dispute with opposite party no.2 and just to show his

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bonafide, he is ready to deposit some reasonable amount as may be fixed by this Court. Therefore, a request is made to send this matter to the Mediation and Conciliation Centre of this Court .

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4. Issue notice to the opposite party no. 2, returnable at an early date.

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5. In view of the above, it is directed that applicant shall deposit a sum of Rs.55,000/- within two weeks from today with the Mediation Centre of this Court out of which Rs. 50,000/- shall be paid to opposite party no. 2, on the date fixed, on his appearance before the Mediation Centre and Rs. 5000/- be retained by the Mediation Centre as mediation fee.

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6. The matter is remitted to the Mediation Centre with the direction that after deposit of such amount, by the applicant, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of one month.

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7. List this case in the week commencing 17.03.2025 before the appropriate Bench along with the report of Mediation Centre.

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8. After depositing Rs.55,000/- before mediation centre, the receipt of the same shall be submitted by the applicant before the court below. In case, such receipt of deposit is filed before the court below then, no coercive action shall be taken against the applicant in the aforesaid case, till next date of listing.

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9. In case, the applicant fails to submit the receipt of deposit before the court below then court below will be free to proceed in the matter.

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10. The amount so deposited i.e. Rs.55,000/-, out of which Rs.50,000/- shall be adjusted towards final settlement.

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11. It is made clear that in case there occurs default by the applicant either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.

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12. In the meantime, learned counsel for the applicant shall file amendment application to convert the present application into an application u/s 528 BNSS."

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There is an office report dated 01.07.2025 which reads as under:

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"Notice issued to the O.P. No.2 has been served personally.

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Put up for order along with Mediation Centre report."

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Till the dictation of the order, nobody has put appearance on behalf of the opposite party no. 2.

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As per the office report dated 01.07.2025 that the Medication & Conciliation Centre Report is kept on record. A copy of the Medication & Conciliation Centre Report dated 21.05.2025 shows that the mediation completed and agreement closed. Allahabad High Court Mediation and Conciliation Settlement Agreement dated 21.05.2025 reads as under:

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"7) In view of the Interim Settlement dated 23.04.2025, the following settlement has been arrived at between the Parties hereto:-

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(a) That the parties have already amicably settled their dispute on the condition that the applicant- Shelly Dubey shall pay an amount of Rs.1,70,000/- (Rs. One Lakh Seventy Thousand only) to the O.P. No. 2- Sachin Gupta, the aforesaid amount includes the amount of Rs.50,000/- (Rs. Fifty Thousand only) deposited with the Mediation Centre by the applicant in compliance of Hon'ble Court's order.

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(b) That the amount i.e., Rs.50,000/- (Rs. Fifty Thousand only) which is deposited with the Mediation Centre shall be released in favour of O.P. No. 2- Sachin Gupta upon moving appropriate application in this regard.

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(c) That the parties stated that out of the aforesaid settled amount, a sum of Rs.75,000/- (Rs. Seventy Five Thousand only) has already been paid by the applicant- Shelly Dubey to the O.P. No. 2- Sachin Gupta and the O.P. No. 2 acknowledges the receipt of the same.

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(d) That as agreed between the parties in para 7(d) of the Interim Settlement Agreement dated 23.04.2025, today i.e., 21.05.2025, the applicant Shelly Dubey has produced a demand draft bearing no.269012 dated 05.05.2025 for Rs.45,000/- (Rs. Forty Five Thousand only) drawn on Union Bank of India issued in the name of Sachin Gupta (O.P. No. 2) which has been handed over to the O.P. No. 2- Sachin Gupta and he acknowledges the receipt of the same. As such there remains no claim, dues and liabilities between the parties regarding present dispute.

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(e) That it has also been agreed between the parties that all civil and criminal cases (if any) 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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Learned counsel for the applicant submits that the entire payment released in favour of the opposite party no. 2. According to the counsel for the opposite party no. 2, now nothing remains to be further adjudicated.

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Learned State Law Officer has no objection to the same.

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Accordingly, the Court is of the opinion that the mediation has been successful and now nothing remains to be further proceeded with.

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Accordingly, the present application stands allowed , the impugned summoning order dated 15.07.2024 passed by Presiding Officer, Additional Court No.3, Gautam Buddh Nagar in Complaint Case No.502 of 2023, under Section 138 N.I. Act, Police Station- Sector 20 NOIDA, District Gautam Buddha Nagar, pending in the court of Presiding Officer, Additional Court No.03, Gautam Buddh Nagar is quashed as against the applicant.

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Order Date :- 28.7.2025 A. Prajapati

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Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad

Shelly Dubey v. State of U.P. and Another

Case brief

What is this about?

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Shelly Dubey v. State of U.P. and Another

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