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2025 DAILYLAW 167553 (ALL)

RAIS AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/10737/2023 · 2025-04-18

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22707 Court No. - 12 Case :- APPLICATION U/S 482 No. - 10737 of 2023 Applicant :- Rais Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Laxmi Narayan Gupta,Mohd. Usman Ghani Khan,Samreen Irfan Counsel for Opposite Party :- G.A.,Lalit Kishore Tiwari,Mohd. Salman Khan Hon'ble Alok Mathur,J. 1. Heard Sri Usman Ghani Khan, learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and Sri Lalit Kishore Tiwari, learned counsel appearing for opposite party no. 2. 2. By means of present application under Section 482 Cr.P.C., the applicant has prayed for quashing the entire proceedings of Complaint Case No. 240 of 2014 - sona Gold Agrochem Pvt. Ltd. Vs. Raees Ahmad, under Section 138 of Negotiable Instruments Act, Police Station - Vikas Nagar, District - Lucknow pending in the Court of the Additional Court No. 5, Lucknow as well as summoning order dated 26.03.2014, passed by the Additional Chief Judicial Magistrate, Court No. 28, Lucknow as well as non bailable warrant dated 16.03.2023, passed by the Additional Court No. 5, Lucknow. It is further prayed, that since the parties have entered into settlement agreement before the Mediation Center of this Court, the entire proceedings of the aforesaid case as well as impugned orders may be quashed in the light of settlement agreement dated 05.03.2025. The settlement agreement is available on record. 3. It has been contended by learned counsel for the applicant that this Court by means of order dated 02.11.2023, directed the parties to appear before Mediation and Conciliation Center of this Court for participating in the mediation process. In compliance of aforesaid order, the parties appeared before the Mediation Center and after certain deliberations and discussion the parties arrived at settlement agreement and a report dated 05.03.2025, of the Mediation and Conciliation Center High Court Lucknow Bench, Lucknow to this effect has been submitted for perusal of this Court. Therefore, the impugned orders passed in the aforesaid case as well as entire proceedings the said case may be quashed in view of the settlement agreement dated 05.03.2025. 4. Learned counsel for the applicant in support of his contention has placed reliance on the judgment of Hon'ble Apex Court in the case of Manoj Sharma Vs. State, (2008) 16 SCC 1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand, (2014) 9 SCC 653 and has submitted that the applicant as well as opposite party no. 2 have settled the dispute and as such opposite party no. 2 does not want to litigate any further against the applicant. 5. Learned counsel appearing for opposite parties has no objection in case the impugned orders passed in the aforesaid case as well as entire proceedings of the said case are quashed in the light of the settlement agreement dated 05.03.2025. 6. Heard learned counsel for the parties and perused the record. 7. From the perusal of the record it is apparent that the parties have entered into settlement agreement and have settled their dispute amicably. 8. In this regard, the view taken by the Apex Court in the case of Manoj Sharma Vs. State (supra), Narinder Singh Vs. State of Punjab (supra) and Yogendra Yadav Vs. State of Jharkhand (supra), which have been relied upon by the learned counsel for the applicant finds force that this Court in exercise of its inherent power under Section 482 Cr.P.C. can set aside the impugned order, as the dispute has been amicably settled between the parties. 9. In the light of the fact that the settlement has arrived at between the applicant and the private opposite party and does not effect the public at large, and would only amount to private dispute between the parties, no useful purpose will be served will be served by allowing the applicant to be prosecuted any further, therefore the impugned summoning order as well as non bailable warrant dated 26.03.2023 and 16.03.2023 respectively, passed passed in Complaint Case No. 240 of 2014 as well as entire proceedings of the aforesaid case are hereby set aside/quashed, accordingly this applicant under Section 482 Cr.P.C. is allowed. Order Date :- 18.4.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench