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2025 DAILYLAW 105288 (ALL)

DR. DINESH KUMAR ARYA v. State of UP AND ANOTHER

A482/36157/2024 · 2025-06-30

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:102247 Court No. - 75 Case :- APPLICATION U/S 482 No. - 36157 of 2024 Applicant :- Dr. Dinesh Kumar Arya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.,Prashant Singh,Rahul Dubey Hon'ble Vikas Budhwar,J. 1. Heard Sri Harish Chandra Mishra, learned counsel for the applicant and Sri S.K. Singh, learned AGA for the State as well as Sri Amrishf Tiwari (AOR No. A/A 0021/21) holding brief of Sri Rahul Dubey, learned counsel for opposite party no.2. 2. This is an application filed U/s 482 Cr.P.C. for quashing the entire proceeding of complaint case no. 10017 of 2005 (case no. 883 of 2014) (Ravikant Bohre vs. Dr. Dinesh Kumar Arya) U/s 138 of N.I. Act, P.S. Kotwali District Jhansi pending in the court of Additional Civil Judge (J.D.)/ FTC, Jhansi as well as summoning order dated 13.03.2006 passed by learned CJM, Jhansi. 3. On 24.10.2024 this Court proceeded to pass the following order: "1. Heard Sri Harish Chandra Mishra, learned counsel for the applicant and Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 13.03.2006 as well as entire proceeding of Complaint Case No.10017 of 2005 (Case No.883 of 2014) (Ravikant Bohre Vs. Dr. Dinesh Kumar Arya), under Section 138 of N.I. Act, P.S. Kotwali, District Jhansi. 3. Contention of learned counsel for the applicant is that the applicant is ready to pay the cheque amount and the matter may be settled through mediation, therefore, this matter may be referred to the Mediation and Conciliation Centre, High Court, Allahabad. 4. Issue notice to opposite party no.2. 5. Considering the nature of the case, the present matter is referred to the Mediation and Conciliation Centre, High Court, Allahabad, subject to the condition that the applicant will deposit a sum of Rs.75,000/- within two weeks from today with the Mediation Centre out of which Rs.70,000/- shall be paid to opposite party no.2 on his appearance before the Mediation Centre on a date to be fixed by the Mediation Centre. Balance Rs.5,000/- shall be retained by the Mediation Centre towards its expenses. 6. 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, preferably within a period of two months. 7. List in the week commencing 16.12.2024 along with the report of Mediation Centre. 8. It is further provided, if applicants file receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicants in Complaint Case No.10017 of 2005 (Case No.883 of 2014) (Ravikant Bohre Vs. Dr. Dinesh Kumar Arya), under Section 138 of N.I. Act, P.S. Kotwali, District Jhansi, till the next date of listing. 9. 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 to the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter. 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 an office report dated 01.07.2025 shows that mediation report has been submitted. 5. A perusal of Annexure-E form 5 report to the court dated 24.03.2025 shows that the parties have mediated and final settlement has been arrived into. Para-7 of the settlement agreement is quoted hereunder: "(a) That the parties have amicably settled their dispute on the condition that the applicant- Dr. Dinesh Kumar Arya shall pay an amount of Rs.1,50,000/- (Rs. One Lakh Fifty Thousand only) to the O.P. No. 2- Ravikant Bohre by way of demand draft. (b) That today i.e., 24.05.2025, the applicant Dr. Dinesh Kumar Arya has produced a demand draft bearing no.000015 dated 21.05.2025 for Rs.1,50,000/- (Rs. One Lakh Fifty Thousand only) drawn on Axis Bank Ltd. issued in the name of Ravikant Bohare (O.P. No.2), before the Centre and the same has been handed over to the O.P. No. 2 and he acknowledges the receipt of the same, as such there remains no claims, dues and liabilities between the parties regarding the instant dispute. (c) 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." 6.Learned counsel for the parties do not dispute the fact that the parties have entered into mediation and there is nothing remains to be further adjudicated. 8. Considering the submission of the parties and stand taken by them, the application stands allowed. 9. The proceeding of the entire proceeding of complaint case no. 10017 of 2005 (case no. 883 of 2014) (Ravikant Bohre vs. Dr. Dinesh Kumar Arya) U/s 138 of N.I. Act, P.S. Kotwali District Jhansi pending in the court of Additional Civil Judge (J.D.)/ FTC, Jhansi as well as summoning order dated 13.03.2006 passed by learned CJM, Jhansi are hereby quashed. Order Date :- 1.7.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad