Rajbali Singh Vs State of U.P. Thru. Addl. Chief Secy. Home Lko and Another

Neutral Citation No. - 2025:AHC-LKO:21416

Court No. - 12

Case :- APPLICATION U/S 482 No. - 8626 of 2024

Applicant :- Rajbali Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And Another Counsel for Applicant :- Alok Kr. Misra,Shiv Kumar Counsel for Opposite Party :- G.A.,Manuvendra Singh

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Hon'ble Alok Mathur,J.

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Heard Sri Alok Kumar Misra, learned counsel for the applicant as well as Sri Manuvendra Singh, learned counsel on behalf of opposite party no.2.

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The present application U/S 482 Cr.P.C. (Now U/S 528 of BNSS Act, 2023) has been filed for quashing the impugned order dated 16.08.2024 passed by learned Presiding Officer of Additional Court No.10, Lucknow as well as to quash the entire proceeding of Complaint No.77341/2021 including the impugned order dated 15.04.2022.

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It has been jointly submitted by learned counsel for both the parties that during the mediation proceedings, a settlement has been arrived at between the parties which has been enclosed along with the report of the mediator. The settlement agreement reads as under:-

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"This SETTLEMENT AGREEMENT entered into on 04.02.2025, between Rajbali Singh S/O Late Ayodhya Prasad R/O A-872, Hal Colony, Faizabad Road, Lucknow ( First Party ) and Brajesh Kumar Gupta S/O Rajendra Prasad Gupta R/O Khasara No.36 Deendayal Puram, Mayawati Colony, Takrohi, Police Station Indira Nagar, District Lucknow Uttar Pradesh ( Second Party ).

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WHEREAS

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1. The disputes and differences have arisen between the Parties hereto and APPLICATION U/s 482 No.8626 of 2024 (Rajbali Singh Vs. State of U.P. & Another) has been filed before Allahabad High Court, sitting at Lucknow.

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2. The matter has been referred to Mediation/Conciliation vide an order dated 23.10.2024 passed by Hon'ble Mr. Justice Ajai Kumar Srivastava-L.

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3. The parties agreed that Mr. Yadukul Shiromani Lohit, Advocate and Mrs. Mamta Pandey, Advocate would act as their Mediators/Conciliators.

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4. Several meetings were held during the process of Conciliation/Mediation and the parties, with the assistance of the Mediators/Conciliators, have voluntarily arrived at an amicable solution resolving all their dispute and differences.

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5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediators/Conciliators and there is no coercion or undue influence on either of the parties of any kind whatsoever in arriving at this settlement agreement.

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6. The following settlement has been arrived at between the Parties hereto:-

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A. That the First Party has agreed to pay and the Second Party has agreed to receive a total sum of Rs.2,95,000/- (Rupees Two Lakhs Ninety Five Thousand only) towards one time full and final settlement of all the claims of the Second Party against the First Party with regard to the Case No.77341 of 2021 U/S 138 N. I. Act. pending before ADD. Court No.10 (N.I. Act), Lucknow.

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B. That in compliance of Hon'ble Court's order dated 23.10.2024 passed in APPLICATION U/s 482 No.8626 of 2024 (Rajbali Singh Vs. State of U.P. & Another), the First Party deposited a sum of Rs.50,000/- (Rupees Fifty Thousand only) before the Mediation and Conciliation Centre, Allahabad High Court Lucknow and out of the amount so deposited, a sum of Rs.45,000/- (Rupees Forty Five Thousand only) has been released in favour of the Second Party. The Second Party has agreed for adjustment of released amount of Rs.45,000/- (Rupees Fourty Five Thousand only) towards the aforementioned one time full and final settlement amount of Rs.2,95,000/- (Rupees Two Lakhs Ninety Five Thousand only).

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C. That out of the balance amount of Rs.2,50,000/-(Rupees Two Lakhs Fifty Thousand only), the First Party has paid a sum of Rs.1,00,000/(Rupees One Lakhs only) to the Second Party today i.e.04.02.2025 vide a Demand Draft No.606468 dated 03.02.2025 in favour of Brajesh Kumar Gupta drawn on Bank of India. The Second Party acknowledges receipt of the said Demand Draft.

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D. That the parties have agreed that the remaining amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) will be paid by the First Party to the Second Party in two installments of equal amount of Rs.75,000/- (Rupees Seventy Five Thousand only). The first installment will be paid on or before 13.03.2025 and the second installment will be paid on or before 15.04.2025 through NEFT/RTGS by the First Party to the Second Party.

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E. That the Second Party has agreed not to pursue the Case No.77341 of 2021 U/S 138 N. I. Act. pending before the pending before ADD. Court No.10 (N.I. Act), Lucknow. The Second Party has also agreed that he would not be having any objection if the APPLICATION U/s 482 No.8626 of 2024 (Rajbali Singh Vs. State of U.P. & Another) is decided by the Hon'ble Court in terms of this settlement agreement.

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F. That it is also agreed between the parties that they shall not

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institute any case in future in the form of criminal or civil proceedings against each other in respect of the present dispute under Case No.77341 of 2021 U/S 138 N. I. Act pending before the pending before ADD. Court No.10 (N.I. Act), Lucknow and if any other proceeding has already been initiated, both the parties would get it disposed off in terms of this settlement Agreement.

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G. That both the parties shall be bound by the terms and conditions of this Settlement in strict sense. In case of any default, the party committing the default shall be liable for playing fraud with the Court, hence for contempt of the Court. The parties have agreed that in case the First Party fails to pay the amount to the Second Party as agreed herein above, the amount already paid to the First Party will not be returned by the Second Party and it will be open for the Second Party to reopen the case which would stand disposed off in terms of this Settlement Agreement by moving an appropriate application before competent Court/ Forum.

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7. By Signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to the matter involved in APPLICATION U/s 482 No.8626 of 2024 (Rajbali Singh Vs. State of U.P. & Another) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."

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The petition is allowed in terms of the settlement agreement arrived at between the parties and the impugned order dated 16.08.2024 passed by learned Presiding Officer of Additional Court No.10, Lucknow as well as to quash the entire proceeding of Complaint No.77341/2021 including the impugned order dated 15.04.2022 are quashed . The settlement agreement dated 04.02.2025 shall remain part of this order.

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[Alok Mathur,J.]

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Order Date :- 16.4.2025 KR

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Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Rajbali Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko and Another

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