M/S SRI DURGA PACKAGING v. STATE OF U.P. AND 2 OTHERS
CRLP/5673/2025 · 2025-05-18
Madan Pal Singh, Siddhartha Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31675 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31675 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:83594-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 5673 of 2025 Petitioner :- M/S Sri Durga Packaging Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dilip Kumar Goswami,Sanjay Singh Counsel for Respondent :- G.A.,Manoj Kumar Gupta Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J.
1. Heard Sri Dilip Kumar Goswami, learned counsel for the petitioner, Sri Manoj Kumar Gupta, learned counsel for the respondent no.3 and learned A.G.A. for the State-respondents. 2. By means of the present writ petition the petitioners is praying to quash the impugned First Information Report dated 17.01.2025, registered as Case Crime No. 11 of 2025, under Sections 406 I.P.C., P.S. Kotwali, District Gorakhpur. 3. When there was a commercial dispute between the petitioner and respondent no.3, an FIR was lodged, which had been registered as Case Crime No. 11 of 2025, under Section 406 I.P.C., P.S. Kotwali, District Gorakhpur. Seeking quashing of the said FIR, the instant writ petition was filed. This Court vide order dated 03.04.2025 had referred the matter to the Mediation & Conciliation Centre of the Allahabad High Court, wherein on 16.05.2025 settlement/ agreement was entered into between the petitioners and respondent no.3. The settlement/agreement was entered as is contained in paragraph no.7 of the settlement/agreement dated 16.05.2025, wherein, it has been stated that all cases civil & criminal filed by the parties against each other would be withdrawn by the parties. The paragraph no.7 of the settlement/agreement dated 16.05.2025 of the Mediation & Conciliation Centre, High Court Allahabad is reproduced hereunder:-
"7) In view of the Interim Settlement dated 22.04.2025, the following settlement has been arrived at between the parties hereto. a) That both the parties have already settled their dispute on the condition tha Petitioner shall pay an amount of Rs.1,94,000/- to the Respondent No.3, out of the said amount on 19.04.2025 the Petitioner has already paid Rs.75,000/- through online transaction (IMPS Reference No.510919760999) to the
Respondent No.3 and he has acknowledged the receipt of the same. b) That as decided in Para 7 (b) of the Interim settlement dated 22.04.2025, the Petitioner has paid Rs.1,19,000/- through online transaction (Refernce No. WEB1747110237660140) to the Respondent No.3 for which he has acknowledged the receipt of the same. c) That now both the parties have agreed that nothing is due and payable upon the Petitioner regarding present dispute.
d) That it has also been agreed between the parties that all the cases of civil or criminal nature, if any, pending against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the concerned Authorities in view of this settlement-agreement. e) That both the parties have finally agreed that in pursuance to the present final settlement they will not file any fresh cases against each other in respect of the present dispute in future also. f) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement-agreement."
4. In view of above, that the dispute between the parties have been settled, no useful purpose will be served for proceeding with the trial. Therefore, the writ petition is allowed. 5. Consequently, the impugned First Information Report dated 17.01.2025, registered as Case Crime No. 11 of 2025, under Sections 406 I.P.C., P.S. Kotwali, District Gorakhpur, is hereby quashed. (Madan Pal Singh, J.) (Siddhartha Varma, J.) Order Date :- 19.5.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad