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Neutral Citation No. - 2025:AHC:84943 Court No. - 73 Case :- APPLICATION U/S 482 No. - 2354 of 2025 Applicant :- Anand Kumar Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Dubey Counsel for Opposite Party :- G.A.,Manish Tripathi Hon'ble Vikas Budhwar,J.
1. Heard Shri Sandeep Kumar Dubey, learned counsel for the applicant and Sri S.K. Singh, learned AGA for the State as well as Shri Manish Tripathi, counsel for the opposite party no. 2.
2. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of Complaint Case No.9847 of 2019, Anil Shukla Vs. Anand Kumar Dubey, under Section-138 of Negotiable Instruments Act, 1881, Police Station- Juhi, District-Kanpur Nagar as well as summoning order dated 19.2.2020 passed by Judicial Magistrate, Court No.8, Kanpur Nagar
3. This Court on 23.01.2025 proceeded to pass the following orders:
"1. Heard Sri Sandeep Kumar Dubey, learned counsel for the applicant and Sri Sunil Kumar Kushwaha, learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No.9847 of 2019, Anil Shukla Vs. Anand Kumar Dubey, under Section-138 of Negotiable Instruments Act, 1881, Police Station-Juhi, District-Kanpur Nagar as well as summoning order dated 19.2.2020 passed by Judicial Magistrate, Court No.8, Kanpur Nagar.
3. Contention of learned counsel for the applicant is that applicant is ready to settle the dispute with opposite party no.2, therefore, the matter may be referred to the Mediation Centre, High Court, Allahabad. It is further submitted that applicant is ready to deposit the reasonable amount as may be
directed by this court to show his bona fide.
4. Considering the aforesaid request, the matter is referred to the Mediation
Centre, High Court Allahabad, subject to the condition that the applicant will deposit a sum of Rs.60,000/- within one month from today with the Mediation Centre.
5. It is further provided that out of which 55000/- shall be released to opposite party no. 2 on his appearance before mediation centre and the amount so released in favour of the opposite party no. 2, Rs. 50,000/- shall be adjusted for final settlement towards the cheque amount. Balance Rs.5,000/- shall be retained by the mediation center towards its expenses.
6. Issue notice to opposite party no.2.
7. After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously.
8. List in the week commencing 17.3.2025.9. It is further provided, if applicant files receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicant in the aforesaid case, till the next date of listing.
10. It is also made clear that in case the applicant fails to submit the receipt of the aforesaid deposit before the court below then the court below is free to proceed against the applicant."
4. There is report of the Allahabad High Court, Mediation and Conciliation Centre dated 22.04.2025 that the parties have resolved the dispute and now remains to be done.
5. Prayer in the present application is for quashing of the proceedings.
6. Learned AGA as well as Shri Manish Tripathi, counsel for the opposite party no. 2 submit that they do not dispute the fact.
7. I have heard learned counsel for the parties and gone through the records carefully.
8. Since the parties have already entered into settlement and there happens to be report of Allahabad High Court, Mediation and Conciliation Centre dated 22.04.2025, Thus, this Court finds that there is no reason to proceed with the matter.
9. Accordingly, the application is allowed.
10. The proceedings of Complaint Case No.9847 of 2019, Anil
Shukla Vs. Anand Kumar Dubey, under Section-138 of Negotiable Instruments Act, 1881, Police Station-Juhi, District-Kanpur Nagar as well as summoning order dated 19.2.2020 passed by Judicial Magistrate, Court No.8, Kanpur Nagar, be quashed.
Order Date :- 20.5.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad