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2025 DAILYLAW 22809 (ALL)

RAJNATH YADAV v. STATE OF U.P. AND ANOTHER

A482/14413/2023 · 2025-08-12

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:138249 Court No. - 64 Case :- APPLICATION U/S 482 No. - 14413 of 2023 Applicant :- Rajnath Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabha Shanker Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Prabha Shanker Chaturvedi, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the records. 3. The present application under Section 482 Cr.P.C. has been filed by the applicant Rajnath Yadav with the prayer to allow the present application and quash the NBW order dated 26.3.2023, entire proceeding of Complaint Case No. 734 of 2022, Vikrant Shivhare v. Rajnath, under Section 138 of the Negotiable Instruments Act, 1881, Police Station Mahoba, District Mahoba, pending in the Court of the Judicial Magistrate-1st, Mahoba and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application. 4. The matter was referred to the Mediation Centre of this Court vide order dated 1.5.2023 for making an effort between the parties for settling their disputes amicably. The dispute between the parties is regarding dishonour of cheque. 5. As per the office report dated 29.5.2024, a report from the Mediation Centre of this Court is on record. 6. As per report of Mediation Centre dated 13.2.2024, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. 7. 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 between the parties subject to the terms and conditions mentioned therein 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 (d) of the said mediation report. 8. Learned counsel for the State have no objection to the said proposition. 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. (Samit Gopal, J.) Order Date :- 13.8.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad