M/S JAI MAHAKAL TRACTOR AGENCY AND 2 OTHERS v. State of U.P. AND ANOTHER
A482/32665/2024 · 2025-07-28
Anish Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 100041 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 100041 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:126004 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.261) Court No. - 78 Case :- APPLICATION U/S 482 No. - 32665 of 2024 Applicant :- M/S Jai Mahakal Tractor Agency And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Prakash Dubey,Prashant Kumar Dubey Counsel for Opposite Party :- Shivam Tyagi,G.A. Hon'ble Anish Kumar Gupta,J.
1. Heard Shri Anand Prakash Dubey, learned counsel for the applicants and Shri S.K.Rai, learned AGA for the State. None appears on behalf of opposite party no.2. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 25.08.2023 passed by Additional Chief Judicial Magistrate, Court No. 05, Meerut in Complaint Case No. 21001 of 2023 (M/s Green Land Agro Industries vs. M/s Jai Mahakal Tractor Agency and others), under Sections 406, 420 I.P.C., Police Station Civil Lines, District Meerut, pending in the court of Additional Chief Judicial Magistrate, Court No. 05, Meerut. 3. Vide order dated 26.09.2024, the matter was referred to the mediation centre of this Court. As per the report dated 03.01.2025 received from the mediation centre, the parties have settled their disputes amicably on the following terms:
"a) That Shri Ashish Sahu Manage/ Authorized Signatory M/s Jai Mahakal Tractor Agency (Applicant No.3) and M/s. Green Land Agro Industries through its proprietor Shri Rajeev Mohan Gupta (O.P. No.3) have settled their dispute on the condition that the Applicant No.3 shall pay full and final amount of Rs.3,00,000/- (Rs. Three Lakh only) to the O.P. NO.2. b) That today i.e. 03.01.2025, the Applicant No.1 has handed over two demand drafts to the O.P. No.2, bearing D.D. NO. 544065 dated 01.01.2025 of Rs.1,70,000/- and D.D. No. 544066 dated 01.01.2025 of Rs.1,30,000/- both drawn on Union Bank of India issued in favour of Green Land Agro Industries, and O.P. NO.2 has acknowledged the receipt of the same. c) That both the parties undertake that they do not want to litigate further as all the disputes and differences have been resolved between them. d) That it has been agreed between the parties that if the Hon'ble Court pleases to allow the present Application U/s 482 No. 32665 of 2024, the O.P. No.2 will have no objection in any manner whatsoever.
e) That it has been agreed between the parties that O.P. No.2 shall move withdrawal application in Complaint Case No.7347 of 2023 under Section 138 N.I. Act, pending before the District Court, Meerut. f) That it has also been agreed between the parties that apart from the aforesaid case, any other cases of civil or criminal nature, pending between the parties against each other regarding present dispute shall also be withdrawn by the parties concerned as soon as possible in view of this settlement-agreement. g) That both the parties have finally agreed that in pursuance to the present final settlement they will not file any fresh cases against each other in respect of the present dispute in future also. h) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement - agreement, otherwise the aggrieved party will be free to take legal recourse."
4. In view of the aforesaid settlement arrived at between the parties and the fact that the entire amount in terms of the settlement between the parties, has already been paid as noted in the aforesaid settlement arrived before the mediation centre. 5. Thus, nothing survives in the matter and in view of the aforesaid settlement, peace will prevail in the society as it was a dispute between the parties with regard to the commercial transaction between them, which has been amicably settled with the able intervention of the mediators of this Court. 6. In view thereof, the instant application is allowed and the entire proceedings in Complaint Case No. 21001 of 2023 (M/s Green Land Agro Industries vs. M/s Jai Mahakal Tractor Agency and others), under Sections 406, 420 I.P.C., Police Station Civil Lines, District Meerut, pending in the court of Additional Chief Judicial Magistrate, Court No. 05, Meerut, are hereby quashed. Order Date :- 29.7.2025 Ashish Pd.
(Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad