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2025 DAILYLAW 19931 (ALL)

RAKESH KUMAR SWARNKAR v. State of UP AND ANOTHER

A482/6140/2024 · 2025-03-04

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31729 Court No. - 78 Case :- APPLICATION U/S 482 No. - 6140 of 2024 Applicant :- Rakesh Kumar Swarnkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. No one appears on behalf of the applicant to press this application under Section 482 Cr.P.C. Sri Ajay Singh, learned A.G.A-I for the State is present. 3. The matter is thus being decided finally on the basis of records with the assistance of learned State Counsel. 4. The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to allow the present application and quash the entire proceeding of Complaint Case No. 6939 of 2023 (Mulayam Singh Yadav vs. Rakesh Kumar Swarnkar), u/s 138 N.I. Act, P.S. Baruasagar, District Jhansi, including the summoning order dated 23.8.2023 passed by Addl. Civil Judge (J.D.), Court No.3/J.M., Jhansi and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application. 5. The matter was referred to the Mediation Centre of this Court vide order dated 18.4.2024 for making an effort between the parties for settling their disputes amicably. 6. As per the office report dated 17.2.2025, a report from the Mediation Centre of this Court is on record. 7. As per report of Mediation Centre dated 16.10.2024, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. 8. From perusal of the report of Mediation Centre of this Court, it appears that in pursuance of the said order the mediation proceedings were taken up which ended in a settlement dated 16.10.2024 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 7(e) of the said mediation report. 9. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 10. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicant(s). 11. The present application is allowed. 12. The entire proceedings of the aforesaid case as well as cognizance order passed in the aforesaid case are hereby quashed. 13. Office is directed to communicate this order to the concerned court within two weeks from today. (Samit Gopal, J.) Order Date :- 5.3.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad