Rakesh Kumar Swarnkar vs State of Up and Another — Cheque Dishonour | Allahabad HC (2025)

Rakesh Kumar Swarnkar vs State of Up and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. allowed; entire proceedings of Complaint Case No. 6939 of 2023 (Mulayam Singh Yadav vs. Rakesh Kumar Swarnkar) u/s 138 N.I. Act and the cognizance order passed therein quashed; Office directed to communicate the order to the concerned court within two weeks.

Issue for consideration

Whether the entire proceeding of Complaint Case No. 6939 of 2023 (Mulayam Singh Yadav vs. Rakesh Kumar Swarnkar) u/s 138 N.I. Act, including the summoning order dated 23.8.2023 passed by Addl. Civil Judge (J.D.), Court No.3/J.M., Jhansi, is liable to be quashed in view of the settlement arrived at between the parties in mediation.

Court's answer

Where the parties have amicably settled their dispute before the Mediation Centre of the Court, the mediation has succeeded, and the parties have agreed to withdraw the cases going on between them, the criminal proceedings can be quashed on the basis of such settlement, the law on the point being well settled by the Apex Court.

Ratio / Principle

On a perusal of the records together with the law laid down by the Apex Court on quashing of cases on settlement between the parties, the present case is a good case for exercising this Court's powers to quash the proceedings as prayed for by the applicant.

Key takeaways

The entire proceedings of Complaint Case No. 6939 of 2023 as well as the cognizance order passed in the said case are quashed.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 78), Samit Gopal, J. — Application under Section 482 Cr.P.C. No. 6140 of 2024 filed by Rakesh Kumar Swarnkar sought quashing of the entire proceeding of Complaint Case No. 6939 of 2023 (Mulayam Singh Yadav vs. Rakeskumar Swarnkar) u/s 138 N.I. Act, P.S. Baruasagar, District Jhansi, including the summoning order dated 23.8.2023 of Addl. Civil Judge (J.D.), Court No.3/J.M., Jhansi. None appeared for the applicant; the matter was decided finally on the record with the assistance of the learned State Counsel (Sri Ajay Singh, learned A.G.A-I). The matter had been referred to the Mediation Centre by order dated 18.4.2024; per the Mediation Centre report dated 16.10.2024, the parties amicably settled their dispute and agreed to withdraw the cases going on between them (para 7(e) of the report). Holding that quashing on the basis of settlement is well-settled law, the Court relied on B.S. Joshi (2003)4 SCC 675; Nikhil Merchant (2008) 9 SCC 677; Manoj Sharma (2008) 16 SCC 1; Gian Singh (2012) 10 SCC 303; Shaifullah 2013 (83) ACC 278; and Parbatbhai Ahir (2017) 9 SCC 641, found the case fit for quashing, allowed the application, quashed the entire proceedings and the cognizance order, and directed the Office to communicate the order to the concerned court within two weeks. Order dated 5.3.2025.

Neutral Citation No. - 2025:AHC:31729

Court No. - 78

Case :- APPLICATION U/S 482 No. - 6140 of 2024

Applicant :- Rakesh Kumar Swarnkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Counsel for Opposite Party :- G.A.

Hon'ble Samit Gopal,J.

List revised.

No one appears on behalf of the applicant to press this application under Section 482 Cr.P.C. Sri Ajay Singh, learned A.G.A-I for the State is present.

The matter is thus being decided finally on the basis of records with the assistance of learned State Counsel.

The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to allow the present application and quash the entire proceeding of Complaint Case No. 6939 of 2023 (Mulayam Singh Yadav vs. Rakesh Kumar Swarnkar), u/s 138 N.I. Act, P.S. Baruasagar, District Jhansi, including the summoning order dated 23.8.2023 passed by Addl. Civil Judge (J.D.), Court No.3/J.M., Jhansi and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application.

The matter was referred to the Mediation Centre of this Court vide order dated 18.4.2024 for making an effort between the parties for settling their disputes amicably.

As per the office report dated 17.2.2025, a report from the Mediation Centre of this Court is on record.

As per report of Mediation Centre dated 16.10.2024, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them.

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 16.10.2024 between the parties and the Mediation succeeded. 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(e) of the said mediation report.

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.

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 proceedings as prayed for by the applicant(s).

The present application is allowed .

The entire proceedings of the aforesaid case as well as cognizance order passed in the aforesaid case are hereby quashed.

Office is directed to communicate this order to the concerned court within two weeks from today.

(Samit Gopal, J.)

Order Date :- 5.3.2025 Gaurav Kuls

Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad