PRADEEP GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/776/2025 · 2025-08-18
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117513 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117513 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48088 Court No. - 14 Case :- APPLICATION U/S 482 No. - 776 of 2025 Applicant :- Pradeep Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Manish Vaish Counsel for Opposite Party :- G.A.,Aftab Alam Hon'ble Shree Prakash Singh,J.
1. Heard counsel for the applicant, Sri Aftab Alam, counsel for opposite party no. 3, learned A.G.A. for the State and perused the records. 2. Instant application has been filed for the following main relief:-
"(a) Quash the entire proceeding arising out of FIR bearing no. 62 of 2014 registered at P.S. Indira Nagar. (b) Cost of the application may be awarded."
3. It is contended by learned counsel for the applicant that the present matter is arising out of a dispute with respect to some financial transactions and thereafter, the parties sat together and settled their matter out of the court and a request was made before this Court to refer the matter to the Mediation and Conciliation Centre of this Court, whereafter, on 04.02.2025 the matter was referred and direction was made to the applicant to deposit Rs. 35,000/- before the Mediation and Conciliation Centre. In pursuant thereof, the parties appeared before the Mediation Centre and the matter was settled and a settlement agreement was also executed. 4. From perusal of the record, it transpires that the mediator has send its report dated 04.08.2025 while appending the settlement agreement dated 04.08.2025 itself, wherein, it is remarked that the mediation succeeded. 5. Learned counsel appearing for the parties are also agreed that the matter has amicable been settled between them finally. In addition a request has also been made by counsel for the applicant that while referring the matter, he was directed to deposit Rs. 35,000/-, but there was no order to disbursed the same in favour of opposite party no. 3 and further, it is also not mentioned in the terms and condition of the settlement
agreement that the amount so deposited is to be given to her, thus, submission is that the same may be repaid to him. 6. Learned counsel appearing for the opposite party no. 3 as well as the State has no objection to the contentions aforesaid. 7.
Considering the submissions of learned counsels for the parties, it transpires that there was certain dispute in between the present applicant and opposite party no. 3, thereafter, they sat together and have settled their dispute before the Mediation and Conciliation Centre and that too has been reduced in writing as settlement agreement dated 04.08.2025. 8. This Court further noticed the fact that the Mediation Center has also sent its report dated 04.08.2025 whereby it has been reported that Mediation is successful and completed. 9. A copy of the settlement agreement dated 04.08.2025 has also been enclosed along with the report of the Mediator. 10. Resultantly, the entire criminal proceedings of charge sheet no. 02/2014 dated 13.03.2019 bearing case crime no. 62 of 2014 u/s 406 and 506 of IPC P.S.-Indira Nagar District -Lucknow and cognizance order dated 07.11.2024 are hereby quashed. 11. It is further provided that the Mediation Centre shall disburse the amount of Rs. 35,000/- to the applicant, within a period of fifteen days, if it's so deposited. 12. The settlement agreement dated 04.08.2025 shall be the part of this order. 13. Consequences to be followed. 14. Consigned to record. Order Date :- 18.8.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench